## Congress Leader Challenges Draw of Lots Rule in Himachal Pradesh High Court
Congress leader Abhishek Manu Singhvi has filed an application in the Himachal Pradesh High Court challenging the interpretation of the draw of lots rule 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 emerged victorious in the election through a draw of lots, following a tie where both candidates secured 34 votes each. In the process of drawing lots, one candidate is randomly selected through a chance-based mechanism.
Singhvi, addressing reporters after filing his petition, asserted, "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."
He further explained the nuances of the draw of lots in Rajya Sabha and Lok Sabha elections, highlighting the key difference. 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.
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 favor 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 challenge raises questions about the interpretation of the rule and its application in Rajya Sabha elections. The Himachal Pradesh High Court will now decide on the validity of Singhvi's petition and the interpretation of the draw of lots rule.