Today(on 20th April), Himachal Pradesh High Court issues notice to BJP leader Harsh Mahajan in response to a petition filed by Congress leader Abhishek Manu Singhvi challenging Rajya Sabha elections.
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Shimla: The Himachal Pradesh High Court today(on 20th April), took a significant step in response to a petition filed by Congress leader Abhishek Manu Singhvi. The court has issued a notice to Harsh Mahajan, a Member of Parliament and a prominent leader of the Bharatiya Janata Party (BJP), regarding the petition. This development comes as a result of a legal challenge filed by Singhvi, who has raised concerns regarding the elections for the Rajya Sabha.
The court has scheduled the matter for a hearing on May 23, 2024. Singhvi’s petition challenges the election results of the Rajya Sabha, and it is based on the fundamental principles of law. It is important to note that the facts in this case are not in dispute; they have been acknowledged by all parties involved.
Neeraj Gupta, the advocate representing Singhvi, confirmed this by stating-
“All facts in the case are undisputed and acknowledged by all parties involved solely based on legal provisions. Our initial submission has been recorded by the court, and responses have been duly noticed.”
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According to Gupta-
“Notice has been served to the elected candidate, Harsh Mahajan ji. Following the elections, both candidates received an equal number of votes. We contend that the procedure employed during the drawing of lots was improper, leading us to challenge the election results. The case was brought before Justice Ajay Goyal ji, and the next hearing is scheduled for May 23.”
Singhvi, a senior Congress leader, lodged the petition in the Himachal Pradesh High Court on April 6, specifically contesting the “draw of lots” method used to determine the outcome of the Rajya Sabha elections. It should be noted that Singhvi initially lost the elections on February 27 due to cross-voting by Congress rebels.
In a situation where Singhvi and BJP candidate Harsh Mahajan received an equal number of votes (34 each), Mahajan emerged as the winner through a draw of lots, as prescribed by the Conduct of Election Rules, 1961.
The Rajya Sabha elections held in February witnessed an interesting turn of events as the Bharatiya Janata Party (BJP), with only 25 MLAs, managed to secure an additional nine votes. Eventually, the voting ended in a tie, with both Singhvi and Mahajan receiving 34 votes each.
The tie was broken through cross-voting by three Independents and six Congress MLAs, who supported the BJP. The six Congress MLAs who crossed the party lines were Sudhir Sharma, Rajinder Rana, Davinder K Bhutto, Ravi Thakur, Chaitanya Sharma, and Inder Dutt Lakhanpal. As a consequence of their actions, these MLAs were disqualified from their positions and subsequently joined the BJP, where they were nominated as candidates in the by-polls.
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