Congress Leader Abhishek Manu Singhvi Challenges Rajya Sabha Election Outcome in Himachal Pradesh High Court

Congress leader Abhishek Manu Singhvi has filed an application in the Himachal Pradesh High Court challenging the interpretation of draw of lots rules by the election officer. This move comes weeks after Sanghvi lost the Rajya Sabha election from the state.

The controversy arose after BJP nominee Harsh Mahajan emerged victorious in the February 27 election through a draw of lots, following a tie where both candidates secured 34 votes each.

In the process of drawing lots, one of the candidates is randomly selected through a chance-based mechanism, such as drawing slips of paper from a container or using a random number generator.

Explaining the nuances of the draw of lots in Rajya Sabha and Lok Sabha elections, a former Election Commission functionary highlighted the key difference, stating that in Rajya Sabha elections, the candidate whose slip is drawn loses the poll, while in Lok Sabha polls, the candidate whose slip is drawn wins.

Singhvi, addressing reporters after filing his petition, asserted, "There is nothing in the law, neither in the act nor in the rules, which compels an interpretation which requires that the person whose name is drawn in the draw of lots is a loser."

The Congress had a strength of 40 members and the support of three Independents in the assembly, but both the candidates polled 34 votes each as nine legislators -- six Congress rebels and three Independents -- voted in favour of BJP nominee Harsh Mahajan.
The Congress in the state plunged into a crisis after the Rajya Sabha election defeat.
The Conduct of Election Rules have a provision for draw of lots for both Lok Sabha and Rajya Sabha elections.