The Supreme Court will hear Congress leader Ahmed Patel's petition seeking a direction to the Gujarat High Court to not proceed with a petition challenging his election to the Rajya Sabha on July 9.
A bench comprising Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud said the Supreme Court will hear Mr Patel's challenge which seeks to dismiss the petition filed against him at the Gujarat High Court next Monday.
Mr Patel was elected to the Rajya Sabha last year after beating BJP nominee Balwantsinh Rajput, who had resigned from the Congress to join the BJP.
The win for the Congress leader came after the Election Commission cancelled the votes of Congress lawmakers Bhola Bhai Gohil and Raghav Bhai Patel. This had brought down the requirement for an outright victory for a candidate to 44 from 45.
Immediately after Mr Patel was elected, Mr Rajput filed a petition in the Gujarat high court challenging the Election Commission's decision to invalidate votes of the two rebel lawmakers. Had these votes been counted, he would have defeated Mr Patel, Mr Rajput said.
Mr Rajput's petition in the high court also alleged that Mr Patel took party lawmakers to a resort in Bengaluru before the election, amounting to bribing the voters.
Mr Patel had challenged Mr Rajput's petition and sought its dismissal at the "threshold level" for not serving respondents an attested copy of the petition as required under the law.
The high court, however, rejected Mr Patel's challenge and said Mr Rajput had substantially complied with the provisions of law and the defects could be easily cured.
Mr Patel then moved the top court against the high court order saying that Mr Rajput's petition is "devoid of merits" and fails to show any "cause of action".