SC to hear Ahmed Patel's plea against petition challenging RS-electionLast updated on Jul 02, 2018, 12:57 pm
The Supreme Court will hear Congress leader Ahmed Patel's petition seeking a direction to the Gujarat High Court to not proceed with a plea challenging his election to the Rajya Sabha on July 9.
A bench comprising Chief Justice Dipak Misra, Justices AM Khanwilkar, and DY Chandrachud said the court will hear Patel's plea next Monday.
Patel elected after EC canceled votes of two Congress MLAs
Patel was elected to the Rajya Sabha last year after beating BJP nominee Balwantsinh Rajput, who had switched from the Congress to the BJP.
The Congress leader won after the Election Commission canceled the votes of Congress MLAs Bhola Bhai Gohil and Raghav Bhai Patel. This had brought down the requirement for an outright victory for a candidate to 44 from 45.
Rajput files petition in Gujarat HC challenging Patel's election
Immediately after Patel got elected, Rajput filed a petition in the high court challenging the Election Commission's decision to invalidate votes of the two rebel MLAs.
"Had these votes been counted, I would have defeated Patel," Rajput said.
Rajput's petition in the high court also alleged that Patel took party MLAs to a resort in Bengaluru before the election, amounting to bribing the voters.
Patel challenges Rajput's plea over court formalities
Patel had challenged Rajput's plea and sought its dismissal at the "threshold level" for not serving respondents an attested copy of the petition.
The HC, however, rejected Patel's plea and said the petitioner substantially complied with the provisions of law and the defects could be easily cured.
Patel has now moved the SC against the HC order saying Rajput's petition is "devoid of merits".