When the plea moved by the former MLA came up for hearing on Tuesday, Justice K Ravichandrababu ordered notice to the Election Commission of India (ECI) and Puducherry Assembly secretary returnable in four weeks.
Dhanavelou submitted that the anti-defection law would not apply to him, as he had not voluntarily given up his membership and he had voted in favour of the party in the House in accordance with the direction issued by the party.
Further, the allegations made in the complaint by party whip were very general in nature and based on inadmissible evidence, he added.
Seeking to stay his disqualification, the former Congress MLA also sought to restrain from declaring Bahour Assembly constituency as vacant and notifying the election.
However, appearing for the Puducherry Assembly Speaker, senior counsel ARL Sundaresan argued that there remained no room for any interim order as the ECI has already declared the constituency vacant.
Dhanavelou was suspended from Congress on January 15 for alleged anti-party activities and violation of party discipline days after he held a rally and levelled charges of corruption against Chief Minister V Narayanasamy and his cabinet colleagues. He had also called on Lt Governor Kiran Bedi to seek CBI probe into the alleged corruption.