In a significant legal development, the Himachal Pradesh High Court dismissed an application filed by BJP MP Harsh Mahajan, which sought to reject Congress leader Abhishek Manu Singhvi’s challenge to the Rajya Sabha election procedures. The dispute arose following a tie in the February 27 election, leading to a draw of lots to determine the winner.
Justice Jyotsna Rewal Dua, presiding over the case, found no merit in Mahajan’s arguments to dismiss Singhvi’s election petition. The court’s decision allows Singhvi’s challenge to proceed, focusing on the interpretation of election rules during the tie-breaker process.
The controversy began after both Singhvi and Mahajan secured 34 votes each in the Rajya Sabha poll, despite the Congress’s apparent numerical advantage with 40 members and support from three Independents. The draw of lots, as conducted by the Returning Officer, controversially declared the candidate whose name was drawn as the loser, resulting in Mahajan’s victory.
Singhvi’s legal challenge argues that the Returning Officer misapplied rules 75(4) and 81(3) of the Conduct of Election Rules, which traditionally dictate the exclusion of the drawn candidate in the event of a tie. This interpretation, Singhvi contends, is flawed and contrary to common sense and traditional practices worldwide, where the drawn name in a tie should result in a win, not a loss.
The court has decided that the legitimacy of these rules’ application needs thorough examination at a later trial stage, acknowledging the potential impact of any errors on the election’s legality.
Represented by senior advocates P Chidambaram and Prashanto Sen via video conferencing, Singhvi expressed his bewilderment at the law’s current interpretation to reporters, emphasizing the absurdity of declaring the drawn candidate as the loser. He remains hopeful that the High Court will ultimately overturn the election results if his arguments hold.
