Congress leader Ahmed Patel on Monday moved the Supreme Court, urging it to dismiss a petition that challenges his election to the Rajya Sabha. The petition is pending with the Gujarat High Court. Chief Justice of India Dipak Misra and Justices AM Khanwilkar and DY Chandrachud will hear the petition on July 9, PTI reported.

Patel was elected to the Rajya Sabha in August. He defeated Bharatiya Janata Party candidate Balwantsinh Rajput, who was the Congress’ chief whip but had joined the saffron party weeks before the elections to the Upper House.

Two Congress MLAs – Raghavji Patel and Bhola Gohil – had cross-voted for the BJP but their ballots were declared invalid by the Election Commission, giving Patel just enough votes to win. Rajput then filed the plea, challenging the election panel’s decision. In April, the High Court reserved its order against Patel’s plea seeking dismissal of Rajput’s application.