New Delhi, August 7, 2026 (Yes Punjab News)
The Supreme Court on Friday refused to stop proceedings in an election petition challenging former Chhattisgarh Chief Minister Bhupesh Baghel’s election from the Patan Assembly constituency in the 2023 state elections.
A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana dismissed Baghel’s special leave petition challenging the June 15, 2026 order of the Chhattisgarh High Court, which had declined to reject the election petition at the preliminary stage and allowed it to proceed for trial.
However, the Supreme Court granted Baghel liberty to raise all his legal and factual arguments during the trial before the High Court, which is functioning as the election tribunal in the matter.
The election petition was filed by BJP leader Vijay Baghel, alleging that Bhupesh Baghel violated the 48-hour “silence period” mandated under Section 126 of the Representation of the People Act, 1951 by conducting a roadshow on November 16, 2023, a day before polling in the Patan Assembly constituency.
Appearing for Bhupesh Baghel, senior advocate Kapil Sibal argued that even if the allegations were accepted, they amounted only to an electoral offence under Section 126 and did not constitute a “corrupt practice” under Section 123 of the Act, which could invalidate the election.
Sibal also argued that the alleged roadshow could not have influenced the election outcome, pointing out that Baghel had won the Patan seat by around 20,000 votes.
“There is no question of affecting the result. The allegation is that there were 200 people, but he won by 20,000 votes,” Sibal submitted before the court. He also said that Baghel was the Chief Minister at the time and had Z+ security cover, with many accompanying persons being security personnel.
Seeking intervention at the initial stage, Sibal questioned the need for a full trial when, according to him, the allegations did not amount to corrupt practice. However, the Supreme Court declined to interfere, with Justice Bagchi observing that Baghel had “an arguable case to defend.”
Earlier, the Chhattisgarh High Court had rejected Baghel’s plea seeking dismissal of the election petition and held that the issues raised involved questions of evidence that could only be decided after a trial.
Justice Ravindra Kumar Agrawal of the High Court had observed that the allegations regarding violation of the statutory silence period under Section 126 were specific enough to warrant examination and could not be dismissed as vague.
The High Court noted that the petitioner had alleged that polling was scheduled for November 17, 2023, and the 48-hour silence period began from 5 pm on November 15. During this prohibited period, Baghel allegedly conducted a rally within the constituency, raised slogans through supporters and sought votes.
The court held that issues such as whether the alleged conduct amounted to corrupt practice, whether provisions of the Representation of the People Act were violated and whether the election result was materially affected required examination of evidence.
It also ruled that objections related to electronic evidence, including the requirement of a certificate under Section 65-B of the Indian Evidence Act, would be considered during the evidence stage and could not be grounds for rejecting the petition at the outset.
The High Court had concluded that the election petition contained sufficient facts to proceed with adjudication on merits while keeping Baghel’s objections regarding proof and admissibility of evidence open for consideration during the trial.
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