The Chhattisgarh High Court has declined to grant relief to former Chief Minister and Patan MLA Bhupesh Baghel in an election dispute case, clearing the way for a detailed hearing on a petition challenging his 2023 Assembly election victory. The court rejected Baghel's application seeking dismissal of the election petition and ruled that the matter warrants consideration on its merits.

The petition, filed by Durg MP Vijay Baghel, alleges that Bhupesh Baghel violated provisions of election law during the 2023 Chhattisgarh Assembly elections. The petitioner has sought to have Baghel's election declared void on the grounds of alleged violations during the campaign period.

With the High Court refusing to dismiss the case at the preliminary stage, regular hearings on the merits of the petition are scheduled to begin on June 23.

Allegations of Model Code Violation

According to the petition, Bhupesh Baghel allegedly participated in a rally and roadshow in the Patan constituency during the silence period immediately before polling, when election campaigning is prohibited under the Representation of the People Act.

The petitioner claims that election slogans were raised and votes were solicited during the event, constituting a violation of Section 126 of the Act. The allegations are reportedly supported by video recordings and other electronic material submitted before the court.

The petition argues that these actions amounted to a breach of election regulations and therefore justify a challenge to the validity of the election result.

Court Finds Petition Maintainable

During the proceedings, Bhupesh Baghel's legal team argued that the petition lacked sufficient particulars and should be dismissed without a trial. The defense contended that the allegations were vague and unsupported by conclusive evidence.

Counsel for Baghel also raised questions regarding the admissibility of electronic evidence, arguing that the petition did not include the required certification under Section 65B of the Indian Evidence Act for digital records.

The defense further maintained that the petitioner had failed to establish the identity of individuals involved in the alleged roadshow or provide clear proof linking the events directly to Baghel's consent and participation.

However, the High Court observed that the facts presented in the petition were sufficient to allow the case to proceed. The court held that issues relating to the authenticity and evidentiary value of documents and electronic records would be examined during the trial stage.

Previous Legal Efforts

This is not the first attempt by Bhupesh Baghel to challenge the maintainability of the election petition. Earlier applications seeking dismissal of the case had also failed before the High Court.

Subsequently, Baghel approached the Supreme Court, which permitted him to file a fresh application before the High Court on the issue of maintainability. Acting on that liberty, he filed the latest plea, which has now been rejected.

The High Court clarified that the former Chief Minister remains free to challenge the authenticity of evidence and electronic records during the course of the trial.

Political and Legal Significance

The case carries political significance as it involves one of Chhattisgarh's most prominent political leaders. Legal experts note that election petitions are governed by a high evidentiary threshold, and courts typically require detailed examination of facts before arriving at a final conclusion.

The court's latest order does not determine the truth of the allegations but only confirms that the petition contains sufficient grounds for a full hearing.