While Ahmed Patel staved off the challenge to his Rajya Sabha membership, it leaves the scene wide open for the Gujarat assembly election this winter.
Patel had challenged the high court order which had dismissed his plea questioning the maintainability of Rajput's election petition.
Bharatiya Janata Party candidate Balwantsinh Rajput challenged the EC's decision to invalidate the votes of two rebel Congress MLAs in Rajya Sabha polls.
He secured required 44 votes after votes of two Congress MLAs who cross-voted for BJP were rejected by EC.
The first list has 10 Patel or Patidar faces, 11 tribals, 10 OBCs and five SCs.
Of the 10 MLAs, eight including Vaghela and his son, who had voted for the BJP candidates in the Rajya Sabha poll, were expelled by the Congress on Wednesday.