Congress Leader Abhishek Manu Singhvi Moves Himachal Pradesh High Court Challenging His Defeat In Rajya Sabha Elections

Congress leader and Senior Advocate Abhishek Manu Singhvi has filed an election petition before the Himachal Pradesh High Court challenging his defeat in the Rajya Sabha polls in February this year. In his petition, Sr. Adv Singhvi has challenged the returning officer's decision to declare the winner through a draw of lots.

On February 27 this year, Singhvi lost to BJP's candidate Harsh Mahajan despite both getting an equal number of votes (34-34 each). Mahajan's win was determined by the decision of the chief electoral officer, who served as the returning officer, to conduct a draw of lots in accordance with Rule 75 of the Conduct of Election Rules, 1961.

#JustIN | Congress leader and Senior Advocate Abhishek Manu Singhvi (@DrAMSinghvi) has moved the #HimachalPradeshHighCourt challenging his defeat in the Rajya Sabha polls in February this year. pic.twitter.com/sRjFQcDtkN

— Live Law (@LiveLawIndia) April 6, 2024

Essentially, the names of both Singhvi and Mahajan were written on separate slips and placed into a box in the presence of polling agents and the candidates. Thereafter, a slip was randomly drawn from that box, which contained Singhvi's name. Consequently, Singhvi was eliminated from the selection process, and BJP's Mahajan was declared the winner by the returning officer. Challenging this very decision of the officer concerned, Singhvi has moved the HC

For context, Rule 75 deals with the counting of votes where only one seat is to be filled. Sub-section (4) of this rule provides that where two or more candidates have got the same number of votes, which is credited the same value, then the “returning officer shall decide by lot which of them shall be excluded.”

Speaking to the media outside the Himachal Pradesh High Court after filing the petition, Sr. Adv Singhvi said that the way of deciding the winner after a drawl of lots "defies common sense".    

"It defies common sense, old tradition and practices, anywhere and everywhere in the world that whenever there is a tie between two people, the person whose name is drawn...should be the winner and not the loser. If our contentions are accepted ultimately by the High Court, the result declared would have to be declared to be wrong," he said, as reported by PTI.