Himachal Pradesh, Apr 11 : In a significant development, the Himachal Pradesh High Court has dismissed an application filed by senior Congress leader Abhishek Manu Singhvi, who sought to avoid witness examination and cross examination in an ongoing election petition.
The plea was part of a legal challenge against Harsh Mahajan, who secured a surprise victory in the February 2024 Rajya Sabha elections. Singhvi had argued that the case did not require detailed evidentiary proceedings, claiming that witness examination would unnecessarily delay the matter.
However, Justice Virender Singh rejected the argument, stating that merely labeling witnesses as irrelevant or intended to delay proceedings cannot justify bypassing due legal process. The court pointed out that Singhvi himself had earlier opted to present evidence but later failed to produce any supporting documents despite being given the opportunity.
The bench further observed that the responsibility to establish claims lies with the respondent, and courts cannot dictate how a party should present its evidence. It also noted that only 18 witnesses have been proposed, most of whom are based in Shimla, indicating that the process would not be excessively burdensome.
The election dispute stems from an unexpected outcome in the February 2024 Rajya Sabha polls, where Mahajan emerged victorious despite the Congress holding a numerical advantage in the state assembly. Cross-voting by several Congress rebels and independent MLAs played a decisive role in the result.
The matter will now proceed to the next stage, with the court scheduling a hearing on April 20 to determine dates for recording witness testimonies.