The Supreme Court on Wednesday directed the Gujarat High Court to decide afresh the petition of senior Congress leader Ahmed Patel challenging a plea filed by a Bharatiya Janata Party leader against his election to the Rajya Sabha, PTI reported.

Patel in July moved the Supreme Court, urging it to dismiss the petition filed by BJP candidate Balwantsinh Rajput against his election. Patel was elected to the Rajya Sabha in August last year after he defeated Rajput, a former Congress chief whip who 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.

A bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud on Tuesday said that Patel’s plea against the BJP leader’s petition would need “de novo” (fresh) arbitration.