Latest news with #Order7Rule11CPC


United News of India
23-07-2025
- Politics
- United News of India
SC refuses to entertain Baghel's plea against nephew's election petition
New Delhi, Jul 22 (UNI) The Supreme Court today refused to entertain a plea by former Chhattisgarh Chief Minister Bhupesh Baghel challenging an election petition filed against him by his nephew and BJP leader Vijay Baghel, which alleged violation of the mandated silence period norms during the 2023 Assembly elections. A Bench comprising Justice Surya Kant and Justice Joymalya Bagchi dismissed the petition as withdrawn while granting Baghel liberty to approach the High Court-cum-Election Tribunal to raise the issue of maintainability as a preliminary issue. 'If such an application is filed, the High Court is requested to decide it after giving an opportunity of being heard to the other side and before proceeding on merits. Observations made in the said order shall have no bearing on the application sought to be moved,' the Bench clarified. Baghel had approached the apex court against the Chhattisgarh High Court's dismissal of his application filed under Order 7 Rule 11 CPC seeking rejection of Vijay Baghel's election petition. Appearing for Baghel, Senior Advocate Vivek Tankha, along with Advocate Sumeer Sodhi, argued that breach of silence period norms does not amount to 'corrupt practice' under election law and hence, the election petition was not maintainable. However, the Bench suggested that the issue be raised before the High Court-cum-Election Tribunal. In the 2023 Chhattisgarh Assembly elections, Bhupesh Baghel (Indian National Congress) and Vijay Baghel (Bharatiya Janata Party) contested against each other from the Patan constituency, with Bhupesh Baghel emerging victorious. Subsequently, Vijay Baghel filed an election petition alleging corrupt practices, including violation of the 48-hour silence period mandated under Section 126 of the Representation of the People Act. It was claimed that Bhupesh Baghel organised a rally or roadshow during the silence period, where slogans were raised in his favour. This was allegedly video-graphed and photographed by Vijay Baghel's election agent. In his defence, Bhupesh Baghel contended that the election petition was vague and did not disclose any triable cause of action. Upon dismissal of his application by the High Court, he approached the Supreme Court, which today declined to interfere. UNI SNG SSP


India Gazette
15-07-2025
- Politics
- India Gazette
Bansuri Swaraj files plea for rejection of Civil Defamation suit filed by AAP's Satyendra Jain
New Delhi [India], July 15 (ANI): Bharatiya Janata Party (BJP) MP Bansuri Swaraj moved a plea seeking rejection of the civil defamation suit filed by AAP leader Satyendra Jain against her. The Rohini court has sought a reply on the plea. Jain, in his suit, had stated that Bansuri Swaraj made defamatory remarks in an interview on a television channel in October 2023. Senior Civil Judge Gaurav Sharma sought a reply from Jain on a plea filed by Bansuri Swaraj under Order 7 Rule 11 CPC. The Rohini court had issued a notice to Bansuri Swaraj and the news channel on November 12, 2024. Jain has prayed for direction to the TV Channel to take down the content in question and restrain her from making further statements. He had also filed a criminal defamation complaint against Bansuri Swaraj in the Rouse Avenue court. The same was dismissed by the Additional Chief Judicial Magistrate (ACJM); an appeal of the same is pending before the Sessions court. He had claimed that these remarks were made by Bansuri Swaraj to defame him and to gain undue political advantage. It was also stated that this statement was made in the context of the Enforcement Directorate's raid on the complainant's house, for which he is on bail, and the matter is pending before the court. He alleged that Swaraj further defamed him by calling him 'corrupt' and 'fraud', adding that several false, malicious and defamatory allegations were levelled against him. It was stated that the accused has played havoc with the reputation of the complainant and the smear campaign has caused a cascading effect on the complainant as husband, father, brother, friend and common member of society, apart from scarring his otherwise unblemished political reputation. It was said that the damage and dent caused by the frivolous allegations levelled by the accused is immeasurable, as the complainant's character and reputation stand assailed not only as the elected representative and mass leader but even in his personal capacity. (ANI)