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2024 Rajya Sabha Election: HC says election petition inherently trial-based, rejects Singhvi plea to remove witnesses

The Himachal Pradesh High Court has dismissed Abhishek Manu Singhvi's plea to skip witness testimony in his Rajya Sabha election petition. Justice Virender Singh ruled that witness examination is vital for a fair trial, setting the next hearing for April 20 to schedule evidence recording.

3 min readHimachal PradeshUpdated: Apr 11, 2026 10:03 AM IST

The Himachal Pradesh High Court held that election petitions are inherently trial-based, allowing witness examination and rejecting Abhishek Manu Singhvi’s plea. (File Photo)

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.

Saurabh Parashar

Saurabh Parashar is an Assistant Editor at The Indian Express, primarily responsible for the publication’s coverage of Himachal Pradesh. He is a seasoned journalist with over 17 years of experience in print media, specializing in crime, legal affairs, and investigative reporting. Professional Background Education: He holds a Master’s degree in Mass Communication from Guru Jambheshwar University of Science & Technology (Hisar) and a Law degree from Himachal Pradesh University (HPU), Shimla. This legal background significantly informs his reporting on complex judicial and administrative matters. Career Path: Before joining The Indian Express in 2017, he spent 12 years with The Times of India. Core Beats: His primary focus is the socio-political landscape of the hill state, with a specific emphasis on the environment, forest conservation, drug menace (specifically "Chitta"), affairs related to tribal and archaeology and the unique challenges of governance in high-altitude regions. Recent Notable Articles (Late 2025) His recent reporting highlights the critical intersection of policy, law, and social safety in Himachal Pradesh: 1. "Himachal’s battle against Chitta: Why the border areas are most vulnerable" (Late 2025): An investigative look at the transit routes from Punjab and the impact on local youth. 2. "Shimla ropeway clears key hurdle as 820 trees face the axe :According to the Forest Survey of India’s 2021 assessment, 47.21 percent of Shimla’s 5,131 sq km geographical area is under forest cover (Nov 17, 2025). 3. "Himachal to handover 2.7427 ha of non-forest land for Shimla Ropeway: Given the land’s non-forest nature, RTDC and the state will not require permission from MoEFCC" (Nov 18, 2025) 4. "How the centuries-old Jodidara tradition is fading in Himachal’s Trans-Giri region: Jodidara: a form of fraternal polyandry—has long been part of Hatti tribal culture in the Trans-Giri region of Himachal Pradesh and adjoining Uttarakhand. It is believed to have evolved to prevent division of ancestral land and maintain unity among brothers in the harsh, mountainous terrain" (Aug 18, 2025) Legal & Agricultural Affairs "Kisan Sabha hails SC’s setting aside Himachal HC order to remove orchards from forest land" (Dec 18, 2025): Covering a major Supreme Court victory for farmers, where a High Court order to remove fruit-bearing apple orchards was overturned. "Himachal Cabinet nod to new tourism policy; focus on home-stays in tribal areas" (Dec 11, 2025): Detailing the legislative push to decentralize tourism and bring economic benefits to Lahaul-Spiti and Kinnaur. 3. Governance & Environment "Forest rights and development: Why Himachal is seeking more leeway from Centre" (Dec 19, 2025): Reporting on the legal hurdles faced by the state in infrastructure projects due to the Forest Conservation Act. "Cloudbursts and resilience: How Himachal’s remote villages are building back better" (Nov 2025): Following up on the long-term rehabilitation efforts after monsoon-related disasters. Crime especially cyber crimes, crypto currency etc: crypto currency: "Agents in uniform, motivational speeches, lavish parties: How a Himachal crypto con went unnoticed:A serial conman, a ‘Nelson Mandela Nobel Peace Award winner', and retired policemen got together to pull off a Rs 1,740-crore fraud" (Nov 10, 2023) Signature Beats Saurabh is recognized for his tenacious reporting on the state's drug epidemic. His deep familiarity with the topography and tribal culture of Himachal allows him to report from remote locations like Spiti, Pangi, Shillai, which are often overlooked by national media. His legal expertise makes him a primary choice for covering the Himachal Pradesh High Court on issues ranging from local body elections to environmental PILs. X (Twitter): @saurabh_prashar . ... Read More

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