A vacation bench of Justices Deepak Gupta and Surya Kant agreed to list the matter on Wednesday after senior advocate Vivek Tankha mentioned it for urgent hearing.
A press note issued by the poll panel on June 15 scheduled the election for both the seats on July 5.
The EC clarified that the vacancies for bypolls to all Houses, including Rajya Sabha, are considered "separate vacancies" and separate notifications are issued and separate polls are held, though the schedule can be the same.
But Gujarat Congress chief Amit Chavda told reporters the EC decision was "unconstitutional" and the BJP has "pressured" the EC to hold the bypolls separately.
Shah has been given the charge of Union Home Ministry and Irani Women and Child Development Ministry.
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