Weeks after his defeat in the Rajya Sabha election from Himachal Pradesh, Congress leader Abhishek Manu Singhvi filed an application in the high court on Saturday challenging the interpretation of draw of lots rules by the poll officer following a tie in the poll.
BJP nominee Harsh Mahajan emerged victorious in the February 27 election through draw of lots after both candidates secured 34 votes each.
“There is nothing in the law, neither in the act nor in the rules which compels an interpretation that requires the person whose name is drawn in the draw of lots to be a loser,” Singhvi told reporters after submitting his petition in the Himachal Pradesh High Court.
Despite Congress having a strength of 40 members and the support of three Independents in the assembly, both candidates garnered 34 votes each as nine legislators — six Congress rebels and three Independents — voted in favor of BJP nominee Harsh Mahajan. The winner was determined by a draw of lots, and according to the procedure followed by the election officer, the person whose name was drawn in the draw of lots was declared the loser.
“It defies common sense, old traditions, 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 ultimately accepted by the high court, the declared result would have to be deemed incorrect.
“There is a peculiar procedure for filing the election petition which requires the petitioner to be present himself to file it, and that is why you find me here,” he said.
The Congress in the state faced a crisis following the defeat in the Rajya Sabha election.