BJP leader Balwantsinh Rajput has challenged Ahmed Patel's election to Rajya Sabha.
The Supreme Court on Monday sought the response of a BJP leader on a plea by Ahmed Patel seeking a stay of proceedings in the Gujarat High Court which is hearing a petition challenging the senior Congress leader's election to the Rajya Sabha.
A bench headed by Chief Justice Dipak Misra, however, allowed the Gujarat High Court to frame the issues to be decided by it on the petition filed by BJP leader Balwantsinh Rajput challenging Mr Patel's election to the Upper House. Mr Rajput had lost the election to Mr Patel.
The bench, which also comprised Justices AM Khanwilkar and DY Chandrachud, made it clear that the high court will not proceed in the matter thereafter.
The bench then posted the matter after four weeks and asked both the parties to complete their pleadings by filing replies and rejoinder affidavits in the meantime.
In his plea, Mr Patel has said that the election petition filed by his rival BJP nominee Mr Rajput in the high court was not maintainable and needed to be dismissed.
Mr Patel was elected to the Rajya Sabha last year after defeating Mr Rajput, who had resigned from the Congress to join the BJP which had nominated him as its candidate.
Immediately after Patel got elected, Rajput had filed a petition in the high court challenging the poll panel's decision to invalidate the votes of two rebel lawmakers.