According to reports, a bench headed by Justice Dipak Misra agreed to hear the plea after senior advocate Kapil Sibal mentioned the matter and sought urgent hearing.
Sibal told the top court that there is no statutory provision with regard to NOTA in the Constitution.
Rajya Sabha elections are scheduled for August 8.
On Tuesday, the Election Commission announced its decision to introduce NOTA option in the Rajya Sabha polls.
The Congress objected to it, saying it has been done “post notification” of the election and the measure is in violation of the constitution and electoral laws.
As the series of defections by party MLAs in Gujarat has alerted the Congress against the alleged BJP design to deny Sonia Ganhi's political Secretary Ahmed Patel a second term in the upper house, the EC's NOTA decision has probably pressed the panic button hard.
It fears that many of its MLAs may vote for the NOTA option during the polls spoiling the chances of Patel.
In a damage control act, the Congress has already herded its Gujarat MLAs to Karnataka where it is in power with Siddaramaiah as Chief Minister.
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