Shimla, April 10 – In a significant development in the pending Rajya Sabha election petition, BJP leader and Member of Parliament Harsh Mahajan has secured a major legal relief from the Himachal Pradesh High Court on Friday, dismissing an application filed by senior Congress leader Abhishek Manu Singhvi.
Advocate Vikrant Thakur, representing Mahajan, told the media that Singhvi had challenged the necessity of witness examination and cross-examination in the matter, arguing that the case did not require evidentiary proceedings.
The issue had been extensively argued before the court in hearings. However, in its order, the court categorically held that an election petition "is inherently trial-based in nature, and therefore, evidence and witness examination are integral to ensuring a fair adjudication process".
The court further observed that the list of witnesses submitted on behalf of BJP MP Mahajan was appropriate, valid, and in accordance with legal procedure. Consequently, Singhvi's application was dismissed.
The ruling is being seen as a significant step in reinforcing the principles of transparency and due process in election-related disputes.
Advocate Thakur said: "The court has reaffirmed that election trials cannot bypass evidentiary scrutiny. Witness examination is essential to uncover the truth and ensure justice."
Reacting to the court's decision, former state Cabinet Minister and Congress turncoat Mahajan said: "Attempts to suppress the truth have failed. The Congress leadership was trying to avoid a full and fair trial, but the court has made it clear that facts and evidence cannot be brushed aside."
Taking a sharp political dig, he added, "When facts are weak, Congress runs away from evidence. We stand firmly with the truth and are ready to face every question on every platform."
With this order, the matter will now proceed further with the examination of evidence and witnesses as part of the trial process.
In February 2024, BJP’s Mahajan, a Congress rebel who was once known for his proximity to Himachal Pradesh Chief Minister Sukhvinder Sukhu, was elected to the Rajya Sabha. However, Mahajan's opponent, the Congress nominee Singhvi, also secured 34 votes, the same as Mahajan, in the 68-member House. However, Mahajan was eventually declared the winner through a draw of lots.
After the Rajya Sabha poll, six Congress MLAs who cross-voted in the polls fell vacant with the party disqualifying them. They were Rajinder Rana, Sudhir Sharma, Inder Dutt Lakhanpal, Devinder Kumar Bhutoo, Ravi Thakur, and Chetanya Sharma.
