Supreme Court allows trial of election petition against ex-Chhattisgarh CM Bhupesh Baghel

The Supreme Court on Friday declined to interfere with the Chhattisgarh High Court's order rejecting a plea by former Chief Minister Bhupesh Baghel to dismiss an election petition challenging his victory from the Patan assembly seat in the 2023 elections. The apex court, however, clarified that Baghel is free to raise all his objections before the High Court's election tribunal during the trial.

A bench led by Chief Justice of India Surya Kant and comprising Justices Joymalya Bagchi and V. Mohana disposed of Baghel's plea against the High Court's interim order dated June 15. That order had dismissed his application to reject the election petition for lack of cause of action and non-compliance with statutory requirements under the Representation of the People (RP) Act.

The Supreme Court observed that Baghel has an arguable defence and made it clear that the dismissal of his challenge would not prejudice his right to raise all points and contentions before the election tribunal during the proceedings. This means the election petition will now proceed for trial before the High Court.

Senior advocate Kapil Sibal, appearing for Baghel, argued that the election petition was not maintainable in law. Referring to the allegations, Sibal said the election campaign had ended on November 15, and Baghel was allegedly present at a religious function on November 16, which the petitioner claimed violated Section 126 of the RP Act. Section 126 prohibits public meetings and processions during the 48-hour silence period before the close of polling.

Sibal contended that even if the allegations were accepted, a violation of Section 126 constitutes only an electoral offence and not a 'corrupt practice' under Section 123(7) of the RP Act. 'The question is whether it amounts to a corrupt practice. Corrupt practice is dealt with under Section 123(7),' he argued.

The election petition alleges that after the commencement of the silence period, Baghel held a 'rally/road show' in clear violation of Section 126 and the Model Code of Conduct. The Supreme Court's decision allows the High Court to examine these allegations on their merits, without being pre-empted by a preliminary objection.

Baghel, a senior Congress leader, served as Chief Minister of Chhattisgarh from 2018 to 2023. He won the Patan seat in the 2023 assembly elections, defeating the Bharatiya Janata Party's Brijmohan Agrawal. The election petition was filed by a losing candidate or another aggrieved party, though the original report does not specify the petitioner's identity.

The case highlights the legal distinction between electoral offences and corrupt practices under the RP Act, a matter that will now be deliberated by the High Court. The Supreme Court's refusal to intervene at this stage underscores the principle that election challenges should be decided after a full trial, not dismissed on technical grounds without examining the merits.