SC refuses to interfere with Baghel vs Baghel

The Supreme Court has declined to interfere with a legal challenge initiated by Bhupesh Baghel, the former chief minister of Chhattisgarh, against the election petition filed by his BJP rival Vijay Baghel. Senior advocates Kapil Sibal and Vivek Tankha, representing Bhupesh Baghel, argued before the court that the petition was barred by the 45-day limitation period under Section 81 of the Representation of the People Act, 1951.

They pointed out that Vijay Baghel's affidavit, which was filed on January 22, 2024, was filed after the deadline of January 17, 2024, when the 45-day period from the declaration of the election result had expired. The bench, comprising Chief Justice of India Surya Kant, Justices Joymalya Bagchi and V Mohana, noted that the correctness and legal effect of the affidavit's date would have to be established based on evidence.

Although they acknowledged the validity of the plea, they emphasized that the date of the affidavit was already on record and questioned why the objection had not been raised earlier. The court indicated that the Chhattisgarh High Court would be the appropriate forum to examine the issue of limitation in accordance with the law.

The election petition, filed by Vijay Baghel, challenges Bhupesh Baghel's victory in the Patan assembly constituency during the 2023 Chhattisgarh assembly polls. Vijay Baghel alleged that Bhupesh Baghel violated the 48-hour silence period before polling by organizing a procession and sought the annulment of the election. The litigation has proceeded through multiple stages in the Chhattisgarh High Court, with the Supreme Court now focusing on whether the alleged delay and defects in the filing of the election petition can justify its rejection at the threshold or if the issue requires determination by the election tribunal after considering the record and evidence.