Shimla, Apr 2,
The Himachal Pradesh High Court is set to frame issues in the election petition filed by Congress MP Abhishek Manu Singhvi, challenging the election rules applied on February 27, 2024, under which BJP MP Harsh Mahajan was declared elected through a lottery draw.
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The case, which has significant legal and political implications, was heard in the court of Justice Ajay Mohan Goel on Wednesday. Advocate Vikrant Thakur, representing Mahajan, questioned the maintainability of the petition, while senior advocate P. Chidambaram, appearing virtually from Delhi, and advocate Neeraj Gupta, present in Shimla, argued on behalf of Singhvi. The court emphasized that the framing of issues is its prerogative and stated that a detailed debate will take place before setting a new hearing date.
The dispute arises from the Rajya Sabha elections where both Singhvi and Mahajan secured 34 votes each. In the absence of a definitive constitutional provision for resolving ties in such elections, a lottery system was employed. Although Singhvi’s name was drawn, Mahajan was declared the winner, prompting Singhvi to challenge the process in court. He contends that the existing rules do not explicitly define how a winner should be determined in case of a tie, making the lottery system arbitrary and legally untenable.
Singhvi’s petition questions the legitimacy of the method and seeks judicial scrutiny over its constitutional validity. If the court rules in his favor, the election outcome could be overturned, potentially triggering fresh political developments in the state.
The matter has further intensified the political landscape in Himachal Pradesh. Following the election results, six Congress MLAs and three independent legislators switched allegiance to the BJP. In response, State Assembly Speaker Kuldeep Singh Pathania disqualified these MLAs, leading to impending by-elections.
Additionally, the Sukhu government has lodged an FIR against the former Congress MLAs in connection with an alleged vote-for-cash scam. The bail applications of these nine former legislators are currently under judicial consideration.
The Himachal Pradesh High Court will now deliberate on the arguments presented by both parties before delivering its verdict on the election dispute. The ruling could set a precedent for future Rajya Sabha elections where an equal number of votes are cast for opposing candidates.
