SC refuses relief to Bhupesh Baghel, declines to interfere in high court poll petition order
The Supreme Court refused to interfere with the Chhattisgarh High Court’s order on the election petition against former chief minister Bhupesh Baghel, saying evidence must determine if the alleged poll code violation affected the result.
Former Chhattisgarh chief minister Bhupesh Baghel. (File Photo)
The Supreme Court Friday refused to interfere with the Chhattisgarh High Court order upholding the maintainability of a petition challenging former chief minister Bhupesh Baghel’s election from Patan Assembly constituency in the 2023 Assembly elections.
A three-judge bench presided over by Chief Justice of India Surya Kant said that it is of the view that the matter is one of evidence whether the alleged violation materially affected the outcome of the polls.
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The plea by rival BJP candidate Vijay Baghel had accused Bhupesh Baghel of holding a roadshow during the 48-hour silence period before polling, in violation of Section 126 of The Representation of the People Act, 1951.
Appearing for Bhupesh Baghel, Senior Advocate Kapil Sibal argued that even if the allegation is accepted, the said violation is still not a corrupt practice under Section 123 of the Act but an electoral offence under Section 125.
“It’s not a corrupt practice… It’s an electoral offence. It can’t impact the result of the election,” Sibal submitted, adding, “Why should I go through trial when it is not a corrupt practice?”
Urging the bench to issue notice on the appeal, Sibal said Bhupesh Baghel had won by 20,000 votes, but the Supreme Court was not inclined to give him relief.
It asked him to raise all contentions before the high court.
The Supreme Court had earlier allowed Bhupesh Baghel to challenge the maintainability of the election petition before the high court. Following this, Bhupesh Baghel filed an application, but on June 15, the high court rejected it, holding the election petition to be maintainable.
Following this, he again approached the Supreme Court but failed to get any relief.
Former Chhattisgarh chief minister Bhupesh Baghel. (File Photo) 
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