The Supreme Court on Monday issued a notice to Bharatiya Janata Party leader Balwantsinh Rajput, asking him to respond to a plea filed by Congress leader Ahmed Patel, reported PTI.

Patel is seeking to dismiss Rajput’s petition challenging his election to the Rajya Sabha. The petition is pending with the Gujarat High Court. The top court asked the High Court to frame the legal questions that the petitioner and the respondent have to answer.

Patel was elected to the Rajya Sabha in August after defeating 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 Commission’s decision. In April, the High Court reserved its order against Patel’s plea.

The Supreme Court will hear the matter again after four weeks, and asked both the parties to complete their pleadings by then.