In a dramatic turn of events, Congress leader Abhishek Manu Singhvi has taken legal action against the interpretation of draw of lots rules in the recent Rajya Sabha election held in Himachal Pradesh. Weeks after his defeat in the polls, Singhvi approached the Himachal Pradesh High Court on Saturday, contesting the decision made by the presiding officer following a tie in the poll.
The February 27 election saw BJP nominee Harsh Mahajan emerge victorious through a draw of lots after both candidates secured an equal count of 34 votes each. Perplexingly, the individual whose name was drawn in the draw of lots was declared the loser, leading Singhvi to question the validity of such an interpretation.
Present at the court during the filing of his petition, Singhvi vehemently contested the prevailing notion, stating, “There is nothing in the law which compels an interpretation which requires that the person whose name is drawn in the draw of lots is a loser.”
The contention revolves around the interpretation of the Conduct of Election Rules, which reportedly hold provisions for the draw of lots in both Lok Sabha and Rajya Sabha elections. However, a crucial disparity has surfaced: while in Lok Sabha elections, the candidate whose slip is drawn emerges as the winner, in Rajya Sabha elections, the reverse holds true, with the drawn candidate being declared the loser.
This legal challenge by Singhvi sheds light on a lesser-known aspect of the election process, prompting a closer examination of the rules governing such tiebreaker scenarios. As the case unfolds in the Himachal Pradesh High Court, it is poised to set a precedent that could potentially impact future elections and the interpretation of draw-of-lots rules across the country.
