Himachal Pradesh High Court Upholds Witness Examination in Rajya Sabha Election Dispute
2024 Rajya Sabha Election: HC says election petition inherently trial-based, rejects Singhvi plea to remove witnesses
The Indian Express
Image: The Indian Express
The Himachal Pradesh High Court dismissed an application from Congress leader Abhishek Manu Singhvi to remove witnesses in his election petition against BJP's Harsh Mahajan. The court emphasized the importance of witness examination for a fair trial after Singhvi lost the Rajya Sabha elections held on February 27, 2024, due to cross-voting by Congress MLAs.
- 01The Himachal Pradesh High Court ruled that witness examination is essential in election petitions.
- 02Abhishek Manu Singhvi's application to remove witnesses was dismissed.
- 03Singhvi lost the Rajya Sabha elections to Harsh Mahajan after cross-voting by Congress MLAs.
- 04The court scheduled the next hearing for April 20, 2024.
- 05Mahajan criticized the Congress for attempting to avoid a fair trial.
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The Himachal Pradesh High Court ruled on Friday that election petitions are inherently trial-based, emphasizing the necessity of witness examination for fair adjudication. This ruling came as a response to an application from Congress leader Abhishek Manu Singhvi, who sought to remove witnesses proposed by BJP's Harsh Mahajan in his election petition. Singhvi lost the Rajya Sabha elections held on February 27, 2024, due to cross-voting by six Congress MLAs and support from three independents, resulting in a tie where both candidates received 34 votes each. The winner was determined by a draw of lots, which Singhvi contested as unfair. The court noted that denying Mahajan the opportunity to examine his witnesses would be unjust and scheduled the next hearing for April 20, 2024. Mahajan responded to the ruling by stating that the Congress was attempting to evade a thorough trial, while he remained confident in facing all evidence presented.
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The court's decision ensures that the election dispute will be thoroughly examined, which could influence future electoral processes in Himachal Pradesh.
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