The petition filed by Rahul S Narwekar, a Shiv Sena aspirant for one of the seats, alleged the decision to hold three separate elections by way of separate notifications was intended to ensure victory of the Congress-Nationalist Congress Party combine in violation of the "proportional voting" system.
The petitioner contended if separate elections are held then the ruling party having sufficient majority would be able to get all its candidates elected.
Such a system was violative of the Representation of Peoples Act as elections to the Rajya Sabha are to be held only on the basis of a single transferable vote also known as proportional voting system, the petitioner argued.
But if separate elections are held, as now proposed by the EC, only the Congress-NCP candidates would be elected, Narwekar contended and hence sought staying of the notification.
A bench of Chief Justices K G Balakrishna and Justices P Sathasivam and B S Chauhan agreed to take up the issue after senior counsel M N Krishnamani mentioned the matter before the court.