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Court Greenlights Singhvi’s Challenge Against Rajya Sabha Loss

In a significant legal development, the Himachal Pradesh High Court dismissed objections to a petition filed by Congress leader Abhishek Manu Singhvi, who is contesting the outcome of the February Rajya Sabha elections. Singhvi, who later secured a seat in the Upper House from Telangana, had initially lost to BJP’s Harsh Mahajan in Himachal Pradesh after a tight contest, with both candidates receiving 34 votes.

The dispute centers on the procedure followed by the Returning Officer, who declared Mahajan victorious after a draw of lots, as permitted by the Conduct of Election Rules. Singhvi’s petition argues that this decision violated provisions of the Representation of the People Act, 1951, specifically Section 65, which he contends should have been applied instead.

Mahajan sought to have Singhvi’s petition dismissed, claiming that Singhvi had agreed to the process. However, the court ruled that this was a matter to be determined during further proceedings, and that Singhvi’s case raised important questions regarding the proper application of election law.

Justice Jyotsna Rewal Dua rejected Mahajan’s bid to have the petition struck down, stating that the issues of consent and procedural compliance required deeper examination at a later stage. Singhvi’s legal team, including prominent senior advocates, argued that a flawed application of election rules may have materially impacted the result, a claim the court will now fully consider.

The case proceeds with both parties set for further legal battles as the court prepares to scrutinize the contested election.

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