New Delhi: The Supreme Court on November 4, 2026, dismissed a petition filed by former Chhattisgarh Chief Minister and Congress leader Bhupesh Baghel challenging a Chhattisgarh High Court order in an election dispute concerning his 2023 victory from the Patan Assembly constituency.
A Bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana reprimanded Baghel for allegedly attempting to delay the trial of an election petition filed by BJP MP Vijay Baghel.
During the hearing, Senior Advocate Kapil Sibal, appearing for Bhupesh Baghel along with Senior Advocate Vivek Tankha, argued that the High Court had incorrectly concluded that no preliminary issue required adjudication. He contended that the election petition was barred by limitation due to a defect in the timing of the accompanying affidavit.
Sibal requested the Supreme Court either to decide the question of limitation as a preliminary issue or to set aside the High Court’s observation that no such issue arose.
Rejecting the submission, Justice V. Mohana observed that the question of limitation involved a mixed question of fact and law and could have been raised earlier in the written statement. The judge further remarked that a preliminary issue could not be framed without an appropriate foundation.
Chief Justice Surya Kant also observed that someone should have advised the petitioner to amend the written statement.
Justice Joymalya Bagchi emphasised that election disputes must be decided within a reasonable timeframe. He observed that permitting the limitation issue to be raised at this stage could lead to another application seeking amendment of the written statement, further delaying the trial.
Sibal assured the Bench that no further applications would be filed and offered to submit an undertaking. However, the Supreme Court refused to interfere with the High Court’s order and dismissed the petition.
The Bench stated that it had refrained from imposing costs on Baghel’s petition due to the persuasion of Senior Advocate Kapil Sibal.
Background of the Election Dispute Against Bhupesh Baghel
The dispute arises from an election petition filed by BJP leader Vijay Baghel challenging Bhupesh Baghel’s victory from the Patan Assembly constituency in the 2023 Chhattisgarh Legislative Assembly elections.
According to the election petition, Bhupesh Baghel allegedly addressed an election rally in the constituency on November 16, 2023, in violation of the mandatory 48-hour silence period before polling.
The alleged violation concerns Section 126 of the Representation of the People Act, 1951, which prohibits specified forms of election campaigning during the 48 hours preceding the conclusion of polling.
Vijay Baghel has sought to have Bhupesh Baghel’s election declared void on this ground.
Bhupesh Baghel subsequently approached the Chhattisgarh High Court, seeking a preliminary determination on whether the election petition was barred by limitation before proceeding to examine its merits.
On October 13, 2026, the Chhattisgarh High Court rejected his application, observing that it was not inclined to permit separate preliminary adjudication at that stage.
Challenging this decision, Baghel approached the Supreme Court, which has now declined to interfere.
Supreme Court Emphasises Time-Bound Disposal of Election Petitions
The Supreme Court’s observations highlight the importance of expeditious adjudication of election disputes. The Bench indicated that procedural applications should not become a means of unnecessarily prolonging election trials.
The decision allows the election petition filed by Vijay Baghel to proceed before the Chhattisgarh High Court in accordance with law. The allegations concerning the validity of Bhupesh Baghel’s election are yet to be finally adjudicated.
