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Himachal Pradesh Rajya Sabha Elections: BJP's Harsh Mahajan won the Rajya Sabha elections in Himachal Pradesh, while Congress candidate Abhishek Manu Singhvi lost. Here, despite the Congress government in the state, the defeat of its candidate is being considered a big blow for the Congress. Both Congress and BJP candidates got 34-34 votes but victory and defeat was decided by toss. In which Harsh Mahajan of BJP won. Officials said the match was tied 34-34 but Mahajan was declared the winner by a 'draw'.
This incident has happened for the first time!
This is perhaps the first time that the winner of the Rajya Sabha elections has been decided by 'draw'. This draw was conducted under Section 102 of the Representation of the People Act, 1951. There is a provision that if there is a tie between the candidates after counting of votes then the result can be declared by draw. According to the rules, in such a situation the winner will be the one who gets 'extra votes' through the draw.
The results were declared as per law
A report quoting Election Commission sources has claimed that the entire process of declaring the results of Rajya Sabha elections in Himachal Pradesh by draw was done as per the law. During this time the returning officer and both the candidates were present there. Commission sources have said that no complaint has been received from Congress regarding this decision. Earlier, the Election Commission had also rejected the BJP's complaint about airlifting Congress MLAs to a safe place by government aircraft for the Rajya Sabha elections amid the high-voltage drama in Himachal Pradesh.
What does the law say
Section 102 of the Representation of the People Act, 1951 lays down the procedure as to how the result will be decided in the event of an equal number of votes between two candidates. It states that if during the hearing of any election petition it appears that there is equality of votes between any of the candidates at the election and the addition of any of those votes would entitle him to be declared elected, then the winner Announcement can be made. drawing lots.