Today, On 22nd July, The Supreme Court has declined to hear ex-Chhattisgarh CM Bhupesh Baghel’s plea challenging his nephew Vijay Baghel’s election petition, asking him to instead approach the High Court to raise maintainability issues first.
The Supreme Court refused to entertain a petition filed by former Chhattisgarh Chief Minister Bhupesh Baghel. He had approached the top court to challenge an election petition filed against him by his nephew, BJP leader Vijay Baghel.
The petition was related to the 2023 Chhattisgarh Assembly elections.
A two-judge bench of the Supreme Court, comprising Justice Surya Kant and Justice Joymala Bagchi, heard the matter.
The bench said,
“If such an application is filed, High Court is requested to decide after giving opportunity of being heard to the other side and before proceeding on merits. Observations made in impugned order shall have no bearing on application sought to be moved”,
The election petition in question is titled Vijay Baghel v. Bhupesh Baghel. It challenges Bhupesh Baghel’s victory from the Patan Assembly constituency, where he had contested in the 2023 state polls.
Vijay Baghel has alleged that Bhupesh Baghel violated the rules of the Model Code of Conduct during the mandatory silence period before the end of polling.
According to the Representation of the People Act, 1951, particularly Section 126, all election campaigns must stop 48 hours before polling ends. This period is meant for voters to make up their minds peacefully, without any campaign influence.
However, Vijay Baghel alleged that Bhupesh Baghel held a rally or road show during this silent period, and slogans in his support were raised at the event.
Bhupesh Baghel responded to the allegations by stating that the election petition was vague and lacked any triable cause of action. He had filed an application under Order 7 Rule 11 of the Code of Civil Procedure before the Chhattisgarh High Court, seeking rejection of the petition on these grounds.
However, the High Court dismissed his application. Following this, Bhupesh Baghel moved the Supreme Court, hoping to get relief.
During the hearing in the Supreme Court, the lawyer appearing for Bhupesh Baghel informed the bench that they wished to withdraw the special leave petition.
The Supreme Court accepted this request and gave permission to Bhupesh Baghel’s legal team to move the High Court again.
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Additionally, the judges clarified that their current order should not have any effect on how the High Court considers the application.
With this, the Supreme Court closed the matter, allowing the issue to be taken up again before the Chhattisgarh High Court, where the original election petition is pending.
Case Title: BHUPESH BAGHEL Versus VIJAY BAGHEL AND ORS., SLP(C) No. 17768/2025