Shimla, May 23
The Himachal Pradesh High Court has granted BJP Rajya Sabha member Harsh Mahajan four weeks to respond to an election petition filed by senior counsel Abhishek Manu Singhvi. The petition challenges the outcome of the February 27, 2024, Rajya Sabha elections in Himachal Pradesh.
Senior advocate Neeraj Gupta, representing petitioner Abhishek Manu Singhvi, informed the court of the appearance by counsel on behalf of Harsh Mahajan. The respondent’s counsel requested additional time to prepare and submit their reply. Consequently, the court granted a four-week extension, scheduling the next hearing for July 9, 2024.
Also read: Legal battle ensues over Rajya Sabha election outcome in Himachal
BackgroundÂ
On April 20, 2024, a single bench comprising Justice Ajay Mohan Goel issued notices to the respondents, including Harsh Mahajan. Singhvi’s petition, filed in April, contests the process used to determine the winner in cases of tie votes, specifically criticizing the use of a lottery system to break the deadlock.
Singhvi’s petition asserts that the rule mandating the drawing of lots to declare a winner in the event of a tie is flawed and legally unsound. The petition is based on undisputed facts, highlighting the discrepancy in the rule that dictates declaring the winner by drawing lots when candidates receive an equal number of votes.
The petition stems from the February 27, 2024, election in which BJP candidate Harsh Mahajan was declared the winner through the lottery system after both candidates secured 34 votes each.
As this case proceeds, its implications extend beyond the immediate parties, potentially influencing the broader framework of electoral regulations and legal interpretations within India’s democratic landscape. The court’s decision on this matter could have significant ramifications for future electoral disputes and the methods used to resolve tied election results, thereby contributing to the evolution of electoral law in India.
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