The Supreme Court on Tuesday allowed former Chhattisgarh Chief Minister Bhupesh Baghel to challenge the maintainability of an election petition filed by his nephew, BJP leader Vijay Baghel. The case stems from the 2023 Chhattisgarh Assembly Elections and allegations of a breach of election silence norms.
The petition, filed by Vijay Baghel, accuses Bhupesh Baghel of violating the 48-hour silence period before polling ended. As per Section 126 of the Representation of People Act, 1951, no campaigning is permitted during this period. Vijay Baghel alleged that Bhupesh Baghel held a rally or road show during this prohibited time, and slogans were raised in his support. This event, he claimed, was recorded on a mobile phone by his election agent.
"The breach of silence period does not amount to a corrupt practice," argued Senior Advocate Vivek Tankha, who appeared along with Advocate Sumeer Sodhi for Bhupesh Baghel. They challenged the maintainability of the election petition itself, claiming that it lacked specific grounds and did not present any triable cause of action.
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Initially, Bhupesh Baghel had approached the Chhattisgarh High Court by filing an application under Order 7 Rule 11 of the Code of Civil Procedure (CPC), seeking dismissal of the election petition. However, the High Court rejected this application.
In response, Bhupesh Baghel moved the Supreme Court, contesting the High Court's decision. A two-judge bench of Justice Surya Kant and Justice Joymalya Bagchi heard the matter.
"We give liberty to the petitioner to raise the issue of maintainability before the High Court-cum-Election Tribunal as a preliminary issue," said the bench while dismissing the plea as withdrawn.
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The Supreme Court further clarified:
“If such an application is filed, the High Court is requested to decide it after giving an opportunity of being heard to the other side and before proceeding on merits. The observations made in the impugned order shall have no bearing on the application sought to be moved.”
This means Bhupesh Baghel has the option to re-raise the maintainability question before the High Court, and the Court must first deal with that issue before examining the full merits of the petition.
The case has attracted attention not just because of the political rivalry between two prominent leaders from the same family but also due to the legal question on what exactly constitutes a corrupt practice under election law.
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To summarize, Bhupesh Baghel, a Congress leader and former CM, was declared elected from the Patan constituency in the 2023 Assembly polls. Following this, BJP’s Vijay Baghel filed a petition alleging violation of election norms. The legal battle continues, now with the Supreme Court’s nod for Bhupesh Baghel to challenge the very basis of that petition.
Case Title: Bhupesh Baghel vs Vijay Baghel & Ors., SLP(C) No. 17768/2025