Congress' Abhishek Singhvi moves Himachal HC challenging 'draw of lots' rule in RS elections

SHIMLA: Senior Congress leader Abhishek Manu Singhvi filed a petition in Himachal Pradesh High Court on Saturday challenging the 'Draw of Lots' rule in Rajya Sabha elections.

On February 27 this year, Singhvi lost to BJP's Harsh Mahajan though both got equal votes with 34-34 each. But Mahajan won in the draw of lots in accordance with the Conduct of Election Rules, 1961. In his petition, Singhvi challenged the fundamental question of winning and losing through the draw of lots.

"A petition has been filed which raises the basic fundamental question that it is defined common sense to think that the name picked out in the draw of lots becomes the loser.

It defines average intelligence and in the normal practice even in children's games that a name picked up wins and doesn't become the loser, strangely Section 65 defines that the name picked up becomes the loser where as on the contrary the named picked up wins, it is applied to the Lok Sabha and Assembly elections but for Rajyasabha it is strangely different.

Understanding of Rule 81 is applied that between two or more tie, if you picked out, looses," Singhvi told ANI after filing his petition at the Himachal High Court.

"Why is it wrong that the rule defies common sense,secondly the interpretation of rule applied is intended only when you are three or more persons, if you want to exclude one of them the name picked out will be excluded one that can't apply when there are only two people the name picked out certainly wins. That is a matter of law and I have filed a petition. It has nothing to do with the politics. The law will take over. The high court will deal with it as per it's rules.

I am here today because of another strange rule because the filling of the petition is required to be done personally," Singhvi added. In voting for Rajya Sabha elections earlier in February this year, the BJP, which has just 25 MLAs, managed to secure nine additional votes.

The vote ended in a 34-34 tie, with three Independents and six Congress MLAs cross-voting for the BJP, whose candidate Harsh Mahajan won after the result was decided with a draw of lots. Reportedly, six Congress MLAs--Sudhir Sharma, Rajinder Rana, Davinder K Bhutto, Ravi Thakur, Chaitanya Sharma and Inder Dutt Lakhanpal--cross voted during the polls.