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 after there was a tie in the Rajya Sabha election, reports PTI.
Singhvi’s move comes weeks after he lost the February 27 election to BJP nominee Harsh Mahajan through draw of lots after both candidates secured 34 votes each.
Speaking to reporters after filing his petition in the Himachal Pradesh High Court, Singhvi criticized the procedure followed by the election officer, saying, “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. However, both candidates received 34 votes each as nine legislators, including six Congress rebels and three Independents, voted in favor of BJP nominee Harsh Mahajan.
“It defies common sense, old tradition 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 accepted ultimately by the high court, the result declared would have to be declared to be wrong.
“There is a strange 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 Rajya Sabha election defeat has plunged the Congress in the state into a crisis.
The Conduct of Election Rules includes a provision for draw of lots for both Lok Sabha and Rajya Sabha elections. In Rajya Sabha elections, the candidate whose slip is drawn loses the poll, whereas in Lok Sabha polls, the candidate whose slip is drawn wins.
