Congress' Singhvi moves Himachal HC challenging his defeat in Rajya Sabha poll through draw of lots
Shimla (PTI): Weeks after he lost the Rajya Sabha election from Himachal Pradesh, Congress leader Abhishek Manu Singhvi on Saturday filed an application in the high court challenging the interpretation of draw of lots rules by the poll officer after there was a tie in the poll.
BJP nominee Harsh Mahajan won the February 27 election through draw of lots after both candidates secured 34 votes each.
"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," Singhvi told reporters after filing his petition in the Himachal Pradesh High Court.
In spite of the fact that the Congress had a strength of 40 members and the support of three Independents in the assembly, both the candidates polled 34 votes each as nine legislators -- six Congress rebels and three Independents -- voted in favour of BJP nominee Harsh Mahajan.
The winner was announced by a draw of lots and under the procedure followed by the election officer, the person whose name was drawn in the draw of lots was declared the loser.
"It defies common sense, old tradition and practices, anywhere and everywhere in the world that whenever there is a tie between two people, the person whose name is drawn...should be the winner and not the loser. If our contentions are accepted ultimately by the high court, the result declared would have to be declared to be wrong.
"There is a strange procedure for filing the election petition which requires the petitioner to be present himself to file it and that is why you find me here," he said.
The Congress in the state plunged into the crisis after the Rajya Sabha election defeat.
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Ex-Gurugram police commissioner files defamation suit against judge, seeks Rs 1 cr in damages
Gurugram (PTI): Former Gurugram police commissioner Krishan Kumar Rao has filed a defamation suit against a judge for "adverse remarks" made against him in a judicial order and sought Rs 1 crore in damages.
The suit was filed in the court of Additional Civil Judge (Senior Division) Vikramjit Singh on Monday and the hearing was held on the same day. The court decided to take up the matter again on November 21.
"Suit seeking compensation and damages from and against the defendant and also to restrain the defendants from maligning and defaming the plaintiff in any manner has been received. It be checked and registered. Now, matter stands adjourned for 21.11.2024 for consideration on the point of maintainability of the suit," read the order.
According to the senior IPS officer, Additional District and Sessions Judge Amit Sahrawat in an order passed in February 2022 had rejected former deputy commissioner of Gurugram police Dheeraj Setia's bail application in connection with a multi-crore heist, saying there was more to the story than meets the eye.
The judge said that based on the admission made by Sachinder Jain Naval, a doctor who is the chief suspect in the case, it seemed suspicious that Setia, who was accused of accepting a bribe to derail investigations in the case, could do so right under Rao, especially given that gangsters would visit him at the Gurugram Commissionerate.
The court had also said that investigators could not determine if the entire exercise was done with the former police commissioner's consent without the suspect's custody, read the order.
In the defamation suit, the senior officer argued that the judge's remarks were based on conjecture and had no judicial basis. He stated that the comments regarding his supposed lack of knowledge about the events were personal in nature and unrelated to the adjudication of the bail application.
The petition also claimed that the comments were not protected under the Judges Protection Act since they did not pertain to the judge's official duties.
The incident dates back to August 4, 2021, when gangster Lagarpuriya's men broke into a flat of a private company used as office space and decamped with crores of rupees in cash. A Special Task Force investigating the case put this money at Rs 30-40 crore.
Naval had claimed that he bribed Setia with gold, cash, and currency in US dollars worth Rs 2.5 crore to hush up the case. However, he said Setia returned a large part of the money and gold but kept a few dollars, saying the case was not in his hands.
