Rahul Gandhi’s lawyers will file a petition in the court of the Ranchi district judge or Jharkhand High Court next week challenging a lower court order that has rejected exemption from personal appearance in a case over his “Modi surname” remark.

The court of special judicial magistrate for MP-MLA cases, Anamika Kisku, had in its order on Wednesday asked Rahul to be present in the court on May 22, rejecting the petition filed on behalf of the Congress leader seeking exemption from personal appearance.

“We have held a consultation with legal experts from Delhi and will move a petition either in the court of the Ranchi district judge or Jharkhand High Court to challenge the special MP/MLA court’s order. We had sought an exemption from personal appearance for Rahul Gandhi as he lives in Delhi, which is far away from Ranchi, and as a senior Congress leader has a busy schedule. Also, the case is petty in nature and can be attended by a lawyer representing Rahul Gandhi,” said advocate Pradip Chandra.

A Ranchi resident and advocate, Pradip Modi, had issued a legal notice to Rahul asking him to apologise for his “Modi surname” remarks. After the advocate did not receive any reply, he filed a complaint in the court, which took cognisance of it.

The advocate had alleged that Rahul’s comments about the Modi surname and thieves were condemnable and painful. He filed a defamation case of Rs 20 crore against Rahul.