Earlier, Gidwani had filed an election petition challenging Mehta's election to the legislative council from the Maharashtra Legislative Assembly constituency. However, his petition was dismissed by the Bombay High Court.A division bench of the Supreme Court has admitted the appeal and issued notice to the respondents.

Besides Mehta, Trade and Commerce Minister Makhram Pawar, Excise Minister Vasant Chavan, Council Chairman N S Pharande, who were elected to the upper house along with Mehta, are some of the prominent respondents.

Gidwani's contention before the HC was that Mehta's nomination was not proper, particularly with reference to the Representation of People Act. He had submitted to the court that the proposers and seconders had signed a blank form, which was subsequently given to Mehta.

According to Gidwani, the court hasalso called for all original records of the case.