Congress leader and noted Supreme Court lawyer Abhishek Manu Singhvi has challenged the election of BJP candidate Harsh Mahajan elected to Rajya Sabha from Himachal Pradesh by defeating him through a draw of lots after a tie in the election, in the Himachal Pradesh High Court.
Singhvi had lost the Rajya Sabha election due to cross voting by six Congress rebel MLAs, despite the Congress having absolute majority in HP Vidhan sabha with 40 MLAs in the house of 68 in the election held on February 27.
The Congress candidate Abhishek Manu Singhvi and BJP candidate Harsh Mahajan had polled 34 votes each after the polling in the Rajya Sabha election and Mahajna had won in the draw of lots through a lottery.
After filing a petition in Himachal Pradesh High Court Shimla on Saturday, Singhvi said, “There is nothing in the law, neither in the Act nor in the rules that the person whose name is drawn after the lots is a loser.”
He said, “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 added.
