Foreign Minister S Jaishankar has filed a caveat petition in the Supreme Court. The petition states that if the court hears any petition filed by Congress leaders challenging their election to the Rajya Sabha from Gujarat in July, they should be heard first. Earlier, the Gujarat High Court had rejected the petition of the Congress leader challenging S Jaishankar's Rajya Sabha election. Congress candidate Gaurav Pandya filed a petition in the High Court against Rajya Sabha BJP candidate Jaishankar.

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Congress has alleged that the Election Commission held separate elections for the two seats of the Rajya Sabha in the elections held in July 2019, due to which the ruling party had a majority, their candidates won both the seats.

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Gujarat High Court recently rejected the application challenging the election of Jaishankar and Jugal Thakur. The Congress claims that if elections were held simultaneously on both the seats, the Congress could get one seat. The Gujarat High Court dismissed the petition, stating that the petitioners failed to state the reasons for declaring the election invalid under the Representation of People Act. The court had said that the petitioners also failed to state any provision of the Constitution or the Representation of the People Act, in which the Election Commission is obliged to hold elections simultaneously for all the vacancies.

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