Weeks after Congress leader Abhishek Manu Singhvi lost the Rajya Sabha election from Himachal Pradesh, Today (April 6th) he filed an application in the high court challenging the interpretation of draw of lots rules by the election officer after there was a tie in the poll.
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HP: Several weeks subsequent to his defeat in the Rajya Sabha election from Himachal Pradesh, Congress leader Abhishek Manu Singhvi took legal action, challenging the decision made during the electoral process. Today, Singhvi submitted an application to the high court, calling into question the interpretation of the rules governing the drawing of lots by the election official, following a tie in the poll results.
In the election held on February 27, BJP candidate Harsh Mahajan emerged victorious through the drawing of lots after both contenders secured an equal number of votes, totaling 34 each. Singhvi, in a statement to the media post-filing his petition in the Himachal Pradesh High Court, raised doubts about the legal basis for the decision made during the drawing of lots.
He articulated,
“There is nothing in the law, neither in the act nor in the rules which compels an interpretation which requires that the person whose name is drawn in the draw of lots is a loser.”
Despite the Congress party having a stronger presence in the assembly, with 40 members and the support of three independent legislators, the vote count ended in a tie at 34 votes for each candidate. This outcome was influenced by nine lawmakers—six from the Congress who rebelled and three independents—casting their votes in favor of the BJP’s nominee, Harsh Mahajan.
The method employed by the election officer to determine the winner, wherein the individual selected in the draw of lots was deemed the loser, has sparked controversy and criticism. Singhvi contested this procedure, stating,
“It defies common sense, old tradition and practices, anywhere and everywhere in the world that whenever there is a tie between two people, the person whose name is drawn…should be the winner and not the loser.”
He further emphasized that if the high court finds merit in his arguments, the declared result would necessitate correction.
Additionally, Singhvi highlighted an unusual aspect of the election petition process that mandates the physical presence of the petitioner for submission, explaining his personal appearance for the filing.
This legal challenge comes at a time when the Congress party in Himachal Pradesh is facing internal turmoil following the loss in the Rajya Sabha election, suggesting significant political and legal repercussions from the outcome of this dispute.
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