Shimla, Apr 10 Himachal Pradesh High Court on Friday held that an election petition is inherently trial-based in nature, and therefore, evidence and witness examination are integral to ensuring a fair adjudication process.
The court was hearing the petition filed by senior Congress leader Abhishek Manu Singhvi challenging the interpretation of rules after he lost the Rajya Sabha elections held on February 27, 2024, to BJP candidate Harsh Mahajan.
The court dismissed Singhvi's application challenging the necessity of witness examination and cross-examination in the matter, arguing that the case did not require evidentiary proceedings, said Vikrant Thakur, counsel for Rajya Sabha member Harsh Mahajan.
The court observed that the list of witnesses submitted on behalf of Harsh Mahajan was appropriate, valid and in accordance with legal procedure. It reaffirmed that election trials cannot bypass evidentiary scrutiny, and witness examination is essential to uncover the truth and ensure justice, he asserted.
This is a major relief for Mahajan in the Rajya Sabha Election Case, Thakur said.
Despite the Congress party having a majority in the Himachal Pradesh Assembly, noted lawyer Singhvi lost the Rajya Sabha elections held on February 27, 2024, to BJP candidate Harsh Mahajan, after six Congress MLAs cross voted in favour of the BJP, and three independents also supported the BJP.
Singhvi challenged the interpretation of rules following a tie in the Rajya Sabha elections. Both candidates polled 34 votes each. The winner was announced by a draw of lots. Under the procedure followed by the election officer, Singhvi was declared the loser, meaning he lost the tie.
"It defies common sense, old tradition and practices, anywhere in the world that whenever there is a tie between two people, the person whose name is drawn out in the lot should be the winner and not the loser," Singhvi had earlier maintained.
Reacting to the court's decision, Harsh Mahajan said the Congress leadership was trying to avoid a full and fair trial, but the court made it clear that facts and evidence cannot be brushed aside and attempts to suppress the truth have failed.
"When facts are weak, Congress runs away from evidence, but we stand firmly with the truth and are ready to face every question, on every platform," he said in a statement issued here.
