The Supreme Court rejected Bhupesh Baghel's plea against the Patan election petition proceedings. The ruling prioritises a time-bound trial over belated preliminary objections.Stock photo used for illustrationNewdelhi,Nov 3, 2026 15:56 ISTThe Supreme Court on Tuesday rejected former Chhattisgarh chief minister Bhupesh Baghel's fresh plea challenging a High Court order that refused to first decide whether an election petition against his 2023 victory from the Patan Assembly constituency was maintainable, news agency Press Trust of India reported.A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana expressed displeasure over attempts to delay the trial and said election petitions must be decided within a reasonable period.
The court upheld the Chhattisgarh High Court's order.The Supreme Court had on September 28 declined to interfere with Baghel's challenge to the election petition filed by BJP leader Vijay Baghel against his election.According to PTI, Justice Mohana told senior advocates Kapil Sibal and Vivek Tankha, who appeared for the former chief minister, "Let the trial proceed. You are delaying as much as possible.
You will have a decision." Sibal argued that the High Court had erred in holding that no preliminary issue arose for consideration. He said the court should either decide the question of whether the petition was filed within the legal time limit as a preliminary issue or refrain from ruling that no such issue existed."There are two prayers.
One is to decide the preliminary issue, or don't say there is no issue. It is said (by the HC) that there is no issue," Sibal said.
Refusing to accept the submissions, Justice Mohana said the question of the time limit involved both facts and law, and asked why the objection had not been raised earlier. "You could have pleaded this earlier," she said, adding that an issue could not be framed without a proper basis.The Chief Justice also asked why Baghel had not sought permission to amend his written statement to include the objections. "Somebody should have advised you to amend the written statement," he said.Justice Bagchi observed that election disputes required time-bound decisions and said entertaining the plea could lead to further applications and delay the proceedings. "This is another aspect of delaying the trial. Once we allow this, then you will pray for amendment.
Election cases should have time-bound disposal," he said.Sibal said Baghel would not file an application seeking an amendment and urged the bench to record his statement. The bench said it had refrained from imposing costs on Baghel following the persuasion of the senior counsel."Dismissing the plea.
We are upholding the High Court order," the Chief Justice said.Vijay Baghel filed the election petition challenging Bhupesh Baghel's victory from Patan in the 2023 Chhattisgarh Assembly elections. He alleged that the former chief minister violated the mandatory 48-hour campaign silence period before polling by taking out a procession in the constituency.
He has sought the annulment of Bhupesh Baghel's election.A key objection raised by the former chief minister relates to the 45-day period prescribed for filing an election petition under Section 81 of the Representation of the People Act, 1951.During the earlier hearing on September 28, Sibal argued that the petition had been filed after the deadline and should have been rejected at the outset. Referring to Vijay Baghel's affidavit, he said it was dated January 22, 2024, while the 45-day period from the declaration of the election result had ended 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 had said, according to PTI.The bench had observed that the accuracy and legal implications of the dates would have to be established through evidence. It had also asked why the objection over the filing deadline had not been raised earlier.With the fresh plea dismissed and the High Court's order upheld, the election petition seeking to annul Bhupesh Baghel's 2023 victory from Patan will proceed to trial.- Ends

