HC rejects Singhvi’s plea against witness examination in RS poll case

Shimla: In the ongoing Rajya Sabha election petition filed against BJP MP Harsh Mahajan, the Himachal Pradesh high court on Friday dismissed an application moved by senior Congress leader Abhishek Manu Singhvi, who had questioned the need for witness examination and cross-examination in the case, arguing that the matter did not require evidentiary proceedings. The petition relates to the Feb 2024 Rajya Sabha election, where BJP candidate Mahajan defeated Singhvi despite the Congress holding 40 MLAs in the 68-member Assembly and enjoying the support of three independent legislators. The unexpected outcome came after six rebel Congress MLAs and three independents cross-voted in favour of Mahajan. Singhvi subsequently challenged the election result in the high court. Dismissing Singhvi's application, Justice Virender Singh emphasised that the onus to prove issues and to protect his Rajya Sabha election is upon the respondent, Mahajan. "As such, merely asserting the words that the witnesses have been proposed on frivolous and vexatious grounds, with the sole objective to delay the proceedings, cannot be accepted at this stage, as the petitioner (Singhvi) firstly opted to lead evidence, after framing of the issues; thereafter, sought time to produce the documents and when opportunity was given, then opted not to produce any document," underlined the court. The court further noted that only 18 witnesses have been proposed by Mahajan and the majority of them are from Shimla itself. "Even otherwise, the matter is to be seen from the perspective of the party, upon which the onus has been put to prove the issues and a party cannot be compelled or dragged by the court to lead the evidence, in a particular manner, to prove a particular issue, onus of which has been put upon the said party," held the court. The main election petition has now been posted by the court for the next hearing on April 20 before the additional registrar (judicial) for fixing a date for recording of the evidence of Mahajan's proposed witnesses. MSID: 130170191 413 |