The Supreme Court on Thursday refused to stay the Congress’s petition against granting the “None Of The Above” option to Gujarat MLAs for the Rajya Sabha elections, reported ANI. The bench asked the party why it had raised the matter now when the Election Commission had issued the notification about it in January 2014. “Why are you so late in raising the question?” the bench asked, according to ANI.

The Election Commission had on Tuesday said that Gujarat MLAs will have the Nota provision in the upcoming Rajya Sabha polls. Although the Supreme Court petition was moved by the Congress, the Bharatiya Janata Party had also objected to the move. The Congress had protested in the Upper House against the provision, and called it a move against the Constitution.

Candidates for the Rajya Sabha polls

The Bharatiya Janata Party has fielded party National President Amit Shah, Union minister Smriti Irani and Balwantsinh Rajput for the three seats to the Upper House from Gujarat. Ahmed Patel is going to contest the polls for a fifth term for the Congress.

Rajput was the Congress’ chief whip in the Gujarat Assembly. He had quit the party and joined the BJP on July 27.