Supreme Court Dismisses Bhupesh Baghel's Plea on Patan Election Petition
_2130631853.jpg)
In a significant political and legal development, the Supreme Court of India on Monday declined to intervene in a petition filed by former Chhattisgarh Chief Minister Bhupesh Baghel. The senior Congress leader had approached the apex court seeking to challenge an ongoing election petition filed by BJP leader Vijay Baghel, which contests Bhupesh Baghel's victory from the crucial Patan assembly constituency during the 2023 Chhattisgarh Legislative Assembly elections.
Arguments on Limitation and the 45-Day Statutory Deadline
During the hearing, senior advocates Kapil Sibal and Vivek Tankha, representing Bhupesh Baghel, presented arguments before a bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice V Mohana:
Maintainability Challenge: Counsel argued that the election petition filed by the BJP rival was fundamentally not maintainable because it allegedly breached the mandatory 45-day statutory time limit prescribed under Section 81 of the Representation of the People Act, 1951.
The Affidavit Date Dispute: Highlighting procedural specifics, Sibal pointed out that the affidavit attached to the petition bore the date of January 22, 2024, whereas the strict 45-day limitation deadline following the official declaration of election results had already expired on January 17, 2024. Consequently, the defense argued that the high court should have dismissed the election petition at the threshold stage.
Supreme Court Ruling: Evidence Required to Verify Timeline
After reviewing the submissions, the apex court bench held that the veracity of the contested dates and their precise legal implications could not be decided summarily and required formal establishment through concrete evidence.
The Supreme Court stated that there was no valid legal basis to interfere with the ongoing proceedings at this premature stage. However, the bench clarified that the Chhattisgarh High Court remains fully empowered to examine and consider the issue of limitation in accordance with the law during the course of the trial. With this ruling, the legal battle over the Patan assembly seat will continue before the high court.
_2130631853_351x234.jpg)
_1229491019_351x234.jpg)
_1116272614_351x234.jpg)
_856785626_351x234.jpg)