Rajya Sabha election challenge: HP High Court adjourns Singhvi petition after winter break
Photo used for indicative purpose only. Source: Internet
Shimla, Jan 8,
The legal battle over Himachal Pradesh’s lone Rajya Sabha seat will remain unresolved for now, as the Himachal Pradesh High Court on Wednesday deferred hearing on the election petition filed by senior Congress leader and advocate Abhishek Manu Singhvi, challenging the election of BJP leader Harsh Mahajan. The case has been adjourned to March 10, 2026, after the court reopens following winter vacation.
Court Proceedings
The matter was heard by a single bench of Justice Bipin Chandra Negi. During the hearing, counsel for Singhvi informed the court that a rejoinder had been filed in response to objections raised by the respondent, particularly concerning the submission of an extensive list of witnesses and documentary evidence.
The court directed that the rejoinder be taken on record, subject to its compliance with procedural requirements.
Dispute Over Evidence Scope
Earlier, counsel appearing for the respondent had submitted a long list of witnesses and documents. Singhvi’s side objected to the breadth of the material, arguing that the election petition raises a limited legal question and does not warrant a wide-ranging factual inquiry.
The High Court has already framed issues in the matter, and the case has reached the stage of arguments and recording of evidence from both sides.
Core Legal Issue: Draw of Lots
Singhvi, who contested the Rajya Sabha election from Himachal Pradesh in February 2024, has clarified in his petition that he is not challenging the election process itself, but only the interpretation and application of the rule governing a draw of lots in the event of a tie.
Both candidates had secured 34 votes each. Singhvi has alleged that the presiding and counting officer applied an incorrect rule while conducting the draw of lots, resulting in his defeat.
According to the petitioner, the relevant statute does not provide that the candidate whose name is drawn in the lottery should automatically be declared the loser. He has argued that such an interpretation exists only in the rules and not in the parent Act, making it legally unsustainable.
Singhvi has further contended that if this interpretation is held to be erroneous, the declaration of the election result itself would stand vitiated.
What Lies Ahead
With the matter now listed for March 10, 2026, the outcome of the petition will have a direct bearing on the legitimacy of the Rajya Sabha representation from Himachal Pradesh, making it a closely watched case with significant political and constitutional implications.
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