Shimla, April 20
Himachal Pradesh High court today issued notice to BJP Rajyasabha members Harsh Mahajan, as a election petition was filed by the Congress candidate and Supreme court senior counsel Abhishek Manu Singhvi who has the challenged the outcome of the February 27th polls in Himachal Pradesh.
The single bench of Justice Ajay Mohan Goel directed notices to respondents and BJP elected members of Parliament Harsh Mahajan.
The counsel for Singhvi, Sr advocate Neeraj Gupta informed that petition contests the process of determining victory in cases of tied votes, arguing that the method of drawing lots to break the deadlock is flawed. The Petition is based upon all the undisputed fact highlighting the discrepancy in the rule that dictates the winner by drawing lots when candidates receive an equal number of votes. He contends that the assumption underlying this rule, where the candidate whose slip is drawn is declared the loser, is legally incorrect.
Also read: State Cong Govt may file election petition over Feb 27 RS poll in Himachal
During the court proceedings, petitioner reiterated his stance, emphasizing that the rule lacks a legal basis and thus challenges the validity of the election outcome. His contention rests on the belief that the concept of drawing lots as a tiebreaker is flawed and does not align with the legal framework governing such elections.
On February 27 BJP candidate Harsh Mahajan clinched victory through the lottery system after both candidates secured 34 votes each. Singhvi’s challenge underscores the significance of upholding legal principles in electoral processes, ensuring fairness and integrity in democratic procedures.
With the next hearing scheduled for May 23rd, the legal battle over the Rajya Sabha election outcome in Himachal Pradesh expected continues as Singhvi seeks to rectify what he perceives as a legal flaw in the election process. As the case unfolds, the implications of this challenge extend beyond the individuals involved, shedding light on the broader framework of electoral regulations and legal interpretations in India’s democratic landscape, he added.
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