The Bharatiya Janata Party leader Balwantsinh Rajput on Friday challenged the Election Commission’s decision to declare two votes invalid in the Gujarat Rajya Sabha election. He filed an appeal in the Gujarat High Court against the poll panel’s decision.

Rajput, who was the Congress’ chief whip, had quit the party and joined the BJP weeks before the elections to the Upper House. He was fielded against Congress leader Ahmed Patel, however, Rajput lost the battle on August 8.

Rajput had garnered 38 votes in the election, while Patel won with 44 votes. BJP chief Amit Shah and Union minister Smriti Irani who were also contesting the elections won with 46 votes each.

Two Congress MLAs – Raghavji Patel and Bhola Gohil – had cross-voted for the BJP and their ballots were declared invalid by the Election Commission, giving Patel just enough votes to win.