SC restrains HC from hearing plea against Ahmed Patel's election after issues framed

The Supreme Court on Monday asked the Gujarat High Court not to proceed with the hearing on a plea filed by a BJP leader challenging senior Congress leader Ahmed Patel's election to the Rajya Sabha, after framing of issues in the case.

A bench headed by Chief Justice Dipak Misra also issued the notice to BJP leader Balwantsinh Rajput on the appeal of Patel seeking a stay on the proceedings before the high court in the matter. Rajput had lost the election to Patel and had later challenged the election in the high court.

The bench, which also comprised Justices A M Khanwilkar and D Y Chandrachud, granted two weeks to Rajput to file his reply to the petition.

It also granted two weeks thereafter to Patel to file his rejoinder and ordered that the plea would be heard after completion of the pleadings.

The senior Congress leader has challenged the April 22 order of the high court which had dismissed his plea.

He had contended before the High Court that the election petition was "not at all maintainable" and should be "dismissed at the threshold" as it violated the provisions of the Representation of People's Act, 1951.

The plea said the decision of the poll panel cannot be challenged in an election petition. "Election Application ...was preferred by the Petitioner (Rajput) under Order VII Rule 11 of the CPC praying for dismissal of the Election Petition for non disclosure of cause of action," it said, while seeking a stay on the proceedings before the Gujarat High Court.