The Himachal Pradesh High Court has rejected objections raised by BJP MP Harsh Mahajan regarding the maintainability of a petition filed by Congress leader Abhishek Manu Singhvi. Singhvi had challenged Mahajan’s election to the Rajya Sabha after both candidates received 34 votes each, with Mahajan declared the winner through a draw of lots. Singhvi argued that different provisions under the Representation of the People Act should have been applied instead of the rules used by the Returning Officer.
Mahajan sought to dismiss Singhvi’s petition, claiming that Singhvi had consented to the procedure and result. However, Justice Jyotsna Rewal Dua ruled that the petition could proceed, stating that Singhvi’s challenge was based on a different legal argument, which would be addressed later in the proceedings. The court emphasized that Singhvi’s consent to the process would be considered during the case but did not justify rejecting the petition at this stage.
Singhvi’s legal team argued that the Returning Officer wrongly applied Rules 75(4) and 81(3) of the Conduct of Election Rules, 1961, instead of Section 65 of the Representation of the People Act. The court concluded that Singhvi’s petition raised significant issues that needed further deliberation, allowing the case to move forward.
