The Congress had demanded that the bypolls to two vacant seats in Gujarat be held together as in case of separate elections, the BJP would have an advantage and win both the seats.

The Supreme Court on Tuesday said it would hear a petition by a Gujarat Congress leader challenging the decision of the Election Commission to hold separate by-polls for two Rajya Sabha seats which fell vacant on Wednesday.

The two seats fell vacant following the election of BJP president Amit Shah and Union Minister Smriti Irani to the Lok Sabha.

Pareshbhai Dhanani, Opposition leader in the Gujarat Assembly, in his plea contended that the conduct of election for each vacancy separately would only lead to one result — the victory of the party which commands simple majority in the State legislature.

“This would turn the very objective of proportional representation i.e. to give each minority group an effective share as per its strength on its head,” he said.

The BJP has 100 seats and the Congress 71 in the Assembly.

The petition filed through advocate Varun K Chopra submitted that though the Congress party was in the minority, they had the requisite number to proportionately elect a member to the Rajya Sabha.

“The BJP which is running the government at the Centre, in order to somehow have its party rule the Rajya Sabha despite not having complete proportion to elect both seats to Council of States, is trying to use the Respondent’s (ECI) Office to somehow impede the mandate under RP (Representation of People) Act,” the petition stated.

Mr. Dhanani’s petition sought direction to the poll panel to hold simultaneous by-elections in all States.