NEW DELHI: The Supreme Court on Monday declined to interfere at this stage with proceedings on BJP leader Vijay Baghel’s petition challenging former Chhattisgarh chief minister Bhupesh Baghel’s election from Patan in the 2023 Assembly polls. It indicated that the Chhattisgarh High Court could examine Bhupesh Baghel’s objection that the election petition was filed too late.
A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana heard senior advocates Kapil Sibal and Vivek Tankha, appearing for Bhupesh Baghel. They argued that the election petition was barred by the 45-day limit under Section 81 of the Representation of the People Act, 1951, and should have been rejected at the outset.
Sibal pointed to an affidavit filed by Vijay Baghel. It was dated January 22, 2024, he said, while the 45-day period from the declaration of the result had expired on January 17.
“How will the election petition proceed when the affidavit is not filed in time? The affidavit has to be filed in time,” Sibal submitted.
The court said the dates and their legal effect would have to be established through evidence. When Sibal argued that an objection on limitation could be raised at any stage, the bench asked why it had not been raised earlier.
“I plead guilty on that, but let not my guilt be held against me when the law is so clear. Kindly see the affidavit date. It is his affidavit. The date underneath is January 22 and the last date was January 17,” Sibal said.
The court noted that the affidavit was on record but found no ground to intervene in the proceedings at this stage.
Vijay Baghel has alleged that Bhupesh Baghel violated the 48-hour campaign silence period before polling by taking out a procession in Patan. He has sought to have the election declared void.
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