## Congress Leader Challenges Draw of Lots Rules in Himachal Pradesh High Court
Congress leader Abhishek Manu Singhvi has filed a petition in the Himachal Pradesh High Court, challenging the interpretation of draw of lots rules by the election officer. This move comes after Singhvi lost the Rajya Sabha election from the state in February 2023.
The controversy arose after BJP nominee Harsh Mahajan won the election through a draw of lots, following a tie where both candidates secured 34 votes each. In a draw of lots, one candidate is randomly selected through a chance-based mechanism, such as drawing slips of paper or using a random number generator.
A former Election Commission functionary explained the key difference between draw of lots in Rajya Sabha and Lok Sabha elections. In Rajya Sabha elections, the candidate whose slip is drawn loses the poll, while in Lok Sabha polls, the candidate whose slip is drawn wins.
Singhvi, addressing reporters after filing his petition, asserted that there is no legal provision requiring the interpretation 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 polled 34 votes each as nine legislators, including six Congress rebels and three Independents, voted in favour of BJP nominee Harsh Mahajan. This led to the Congress plunging into a crisis after the Rajya Sabha election defeat.
The Conduct of Election Rules have a provision for draw of lots for both Lok Sabha and Rajya Sabha elections. However, Singhvi's petition challenges the interpretation of these rules in the context of the recent Rajya Sabha election in Himachal Pradesh.