A bench of Justices Surya Kant and Joymalya Bagchi said if such an application is filed, the high court is requested to decide the same after giving opportunity of hearing to the other side before it further proceeds on merits of the case.
Allowing Baghel’s counsel to withdraw the plea and move “high court-cum-election tribunal”, the bench said, “It goes without saying that the observations made in the impugned order shall have no bearing on the merits of the application proposed to be moved on behalf of the petitioner.”
Senior advocate Vivek Tankha and advocate Sumeer Sodhi, appearing for Baghel, said breach of silence period did not amount to corrupt practice and hence the case was not maintainable.
The petition was filed by BJP MP Vijay Baghel who unsuccessfully contested the assembly elections against Bhupesh Baghel from the Patan seat.
Vijay said Bhupesh violated the provision of the Representation of Peoples Act, 1951 by taking out a procession after 5 pm in Patan constituency. He sought nullification of the former CM’s election and barring him from contesting polls for six years.
