New Delhi : BJP is actively considering to challenge Election Commission`s verdict on Congress leader Ahmed Patel who was declared elected to Rajya Sabha from Gujarat after invalidation of two votes.

While EC upheld Congress's complaint that two of its disgruntled MLAs revealed their votes to unauthorised persons before casting them and this tilted the balance in favour of Patel with the total votes dipping from 176 to 174, BJP said the decision will be challenged. 

BJP leaders argue that the Congress registered its complaint much after votes were cast and were in the ballot box. 

Congress leaders cited the case of a Rajya Sabha election in Haryana, where the party's candidate lost out because votes were invalidated on similar grounds and the EC went by it.