New Delhi, Sep 28 The Supreme Court on Monday declined to interfere with former Chhattisgarh chief minister Bhupesh Baghel's challenge to an election petition filed by BJP leader Vijay Baghel against his 2023 election from the Patan assembly constituency.
A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana was told by senior advocates Kapil Sibal and Vivek Tankha, appearing for Bhupesh Baghel, that the petition against the election was barred by the mandatory 45-day limitation prescribed under Section 81 of the Representation of the People Act, 1951.
Sibal said the plea against the election ought to have been rejected at the threshold.
Sibal particularly relied on the date of the affidavit filed by Vijay Baghel.
He pointed out that the affidavit bears the date January 22, 2024, whereas the 45-day period from the declaration of the election result expired on January 17, 2024.
"How will the election petition proceed when the affidavit is not filed in time? The affidavit has to be filed in time," Sibal said, referring the bench to the relevant portion of the record.
The bench, however, observed that the correctness and legal effect of the dates would have to be established on the basis of evidence.
When Sibal contended that the limitation objection went to the root of the matter and could be raised under the Code of Civil Procedure at any stage, the bench asked, "Why was this plea not taken earlier?"
Sibal acknowledged that the plea was being raised at this stage, but maintained that the affidavit itself was on record.
"I plead guilty on that, but let not my guilt be held against me when the law is so clear. Kindly see the affidavit date. It is his affidavit. The date underneath is January 22 and the last date was January 17," he said.
The bench noted that the affidavit was nevertheless part of the record.
The court said it saw no ground to interfere with the proceedings at the present stage, while indicating that the Chhattisgarh High Court could examine the issue of limitation in accordance with law.
The dispute relates to an election petition filed by Vijay Baghel challenging Bhupesh Baghel's election from Patan in the 2023 Chhattisgarh assembly polls.
Vijay Baghel has alleged that Bhupesh Baghel violated the 48-hour silence period preceding polling by taking out a procession in the constituency and has sought annulment of the election.
The litigation has already seen several rounds before the Chhattisgarh High Court and the Supreme Court.
The High Court had earlier rejected an application seeking dismissal of the election petition under Order VII Rule 11 CPC.
In July 2025, the top court had permitted Bhupesh Baghel to withdraw an earlier challenge and approach the high court-cum-election tribunal with his maintainability objections.
In June 2026, the Chhattisgarh High Court again declined to terminate the election petition at the preliminary stage, holding that several objections raised by Vijay Baghel involved questions requiring consideration during the trial.
The latest proceedings before the top court therefore centre on whether the alleged delay and defects surrounding the filing of the election petition can, on the material available, justify its rejection at the threshold or whether the issue requires determination by the election tribunal after consideration of the record and evidence.
The election petition is pending before the Chhattisgarh High Court, where evidence is to be recorded.
