Himachal Pradesh HC Issues Notice to BJP Leader Harsh Mahajan on Abhishek Singhvi’s Plea

The Himachal Pradesh High Court has issued notice to BJP Leader Harsh Mahajan on a petition filed by Congress leader Abhishek Manu Singhvi.

The petition challenges the interpretation of draw of lots rules by the poll officer following a tie in the Rajya Sabha elections.

The Judge

The matter was mentioned before Justice Ajay Goyal, which scheduled the next hearing date for May 23, 2024.

Appearing for the petitioner, Advocate Neeraj Gupta stated, “there is an election petition in the court in which we have challenged the elections of Rajya Sabha. We are on the principal of Law. There are no disputed facts in it; all are admitted facts only on provisions of Law. The court has recorded our preliminary submission and notices have been issued to the responses,”

“The notice has been issued to the elected candidate Harsh Mahajan ji. Following the elections, both candidates received an equal number of votes. Our contention is that the procedure employed during the drawing of lots was flawed, and we have contested the elections on these grounds,” he added further.

Backgound

Senior Congress leader Abhishek Manu Singhvi filed the petition in the Himachal Pradesh High Court on April 6, challenging the ‘draw of lots’ procedure.

In the Rajya Sabha elections held on February 27, the senior Congress Leader lost to BJP’s Candidate Harsh Mahajan after both secured an equal 34 votes each, but Mahajan emerged victorious in the draw of lots in accordance with the Conduct of Election Rules, 1961. Singhvi’s petition questions the fundamental aspect of deciding a winner through the draw of lots.

During the voting for Rajya Sabha elections earlier in February, the BJP, with only 25 MLAs, managed to garner nine additional votes, resulting in a 34-34 tie. This tie occurred as three Independents and six Congress MLAs cross-voted for the BJP.

Six Congress MLAs-Sudhir Sharma, Rajinder Rana, Davinder K Bhutto, Ravi Thakur, Chaitanya Sharma, and Inder Dutt Lakhanpal-cross-voted during the polls. Subsequently, these MLAs were disqualified and later joined the BJP, where they were named as candidates in the Bypolls.

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