RS poll petition: Himachal HC adjourns hearing on ‘Consequences of petitioner not leading evidence
Shimla, Aug 12,
The Himachal Pradesh High Court on Wednesday adjourned to August 14, 2025, the hearing in Election Petition of 2024, filed by Dr. Abhishek Manu Singhvi challenging the outcome of the March 2023 Rajya Sabha elections in Himachal Pradesh. The matter, before Justice Bipin C. Negi, was deferred after the respondent sought time to respond to the petitioner’s submissions.
Singhvi, the Congress candidate, and BJP nominee Harsh Mahajan had each secured 34 votes in the election. The Returning Officer (RO) declared Mahajan elected after a draw of lots favoured him. Singhvi has challenged this result, contending that the RO wrongly applied Rule 75(4) and Rule 81(3) of the Conduct of Election Rules, 1961, instead of Section 65 of the Representation of People Act, 1951, which he argues would have declared him the winner.
Appearing for the petitioner, Senior Advocate Prashanto Sen submitted, “The Returning Officer ought to have determined the result under Section 65 and declared the petitioner as the successful candidate. The incorrect invocation of the Rules has materially affected the election result.” He argued that the matter raised a pure question of law and should be tried as a preliminary issue under Order 14 Rule 2 CPC, citing the Supreme Court’s ruling in Jamia Masjid vs. K.V. Rudrappa (2022).
Sen further asserted that even if the petitioner had allegedly consented to the procedure applied, such consent was immaterial. “There can be no estoppel against the statute; it is not for the parties to agree out of it, nor can the Returning Officer act contrary to it,” he said, adding that public interest considerations, as recognised in Narayanamma vs. Govindappa (2019), applied to the case.
Senior Advocate Satya Pal Jain, representing the respondent, sought more time to reply. Justice Negi, noting the submissions, ordered the matter to be listed for further consideration on August 14, 2025.
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