3 min readHimachal PradeshUpdated: Apr 11, 2026 10:03 AM IST
An election petition is inherently trial-based in nature, and therefore, evidence and witness examination are integral to ensuring a fair adjudication process, the Himachal Pradesh High Court on Friday held as it dismissed an application filed by senior advocate and Congress leader Abhishek Manu Singhvi seeking to remove witnesses proposed by BJP’s Harsh Mahajan.
A single bench of Justice Virender Singh was hearing the petition filed by Singhvi challenging the interpretation of rules after he lost the Rajya Sabha elections held on February 27, 2024, to Mahajan.
Singhvi had challenged the necessity of witness examination and cross-examination in the matter, arguing that the case did not require evidentiary proceedings.
The bench, however, observing that the relevance of the witnesses, as per the list submitted by Mahajan, could not be prejudged at this stage of proceedings.
The counsel for Mahajan had submitted that examination and cross-examintion of the witnesses was crucial to the BJP leader’s defence, as it seeks to establish that the election process — including counting, handling of a tie, and declaration of results — was conducted strictly as per rules. The witnesses include BJP MLAs Randhir Sharma, Sukhram Chaudhary, Trilok Jamwal, Vidhan Sabha Secretary Yash Paul Sharma, Chief Electrocal Officer Dorje Thakur, Secretary Telangana legislative assembly V Narasimha Charyulu, Mahajan himself and others.
In a detailed order, the court held that denying the respondent an opportunity to examine his witnesses would be unjustified. “Without giving an opportunity to the respondent to examine the witnesses proposed in the list, it cannot be said that the witnesses have been mentioned just to delay the proceedings,” the court observed. The bench further noted that there was no material on record to establish that the proposed evidence was “frivolous or vexatious,” thereby rejecting Singhvi’s contention that the witness list was intended to prolong the case.
Dismissing the application, the court directed that the matter be listed on April 20 for fixing a schedule for recording of evidence. It also cautioned both parties against seeking unnecessary adjournments.
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Despite the Congress having a majority in the Himachal Pradesh Vidhan Sabha, Singhvi lost the Rajya Sabha elections held on February 27, 2024, to Mahajan, after six Congress MLAs cross voted in favour of the BJP candidate. Three independents too supported Mahajan.
Singhvi had then challenged the interpretation of rules following a tie in the Rajya Sabha elections. Both candidates polled 34 votes each. The winner was announced by a draw of lots. Under the procedure followed by the election officer, Singhvi was declared the loser, meaning he lost the tie.
“It defies common sense, old tradition and practices, anywhere in the world that whenever there is a tie between two people, the person whose name is drawn out in the lot should be the winner and not the loser,” Singhvi had earlier said.
Reacting to the court’s decision, Mahajan said the Congress leadership was trying to avoid a full and fair trial, but the court made it clear that facts and evidence cannot be brushed aside and attempts to suppress the truth have failed. “When facts are weak, Congress runs away from evidence, but we stand firmly with the truth and are ready to face every question, on every platform,” he said in a statement issued here.
