A Commonwealth Court judge has rejected a petition to disqualify Neil Makhija from the Democratic primary for the 122nd Legislative District, which includes much of Carbon County.

Makhija, of Jim Thorpe, plans to challenge incumbent state Rep. Doyle Heffley (R-Carbon) in November's general election.

Two Carbon County residents filed a petition seeking to have Makhija removed from the ballot.

While Makhija is running unopposed in the primary, the petition would have made it significantly more difficult for him to challenge Heffley in the fall had it gone through.

Heffley was elected to the seat in 2010, and won re-election in 2012 and 2014.

Bryan Price, of Jim Thorpe, and Michael Spairana Jr., of Palmerton, filed the petition against Makhija late last month alleging that he did not meet the residency requirements to run for the seat.

The petitioners were represented by Philadelphia lawyer Lawrence Tabas, the legal counsel for the Pennsylvania House Republican Campaign Committee.

They presented records showing that Makhija had registered to vote in Massachusetts during his time as a student at Harvard Law School. Makhija attended the school using a scholarship open only to Carbon County residents.

"I've always been a Carbon County boy,

and my family has a record of service to this community. This lawsuit was a desperate attempt by Harrisburg politicians who haven't passed a budget to hold onto their jobs." Makhija said.

The attorney who filed the suit, Laurence

Tabas, is general counsel for the Republican candidates and serves as the in-house attorney for Doyle Heffley. The signed petitioners did not show up at the hearing on Friday, only Heffley's attorneys were present.

"I wish Representative Heffley asked his party leaders to pull the suit, but instead they questioned my citizenship and wasted taxpayer resources," Makhija said in a release this afternoon.

"It's time to have a debate about how we can revitalize Carbon County's economy, improve our schools, and reform a failed political system. It's an honor to get the chance to serve my hometown and help the people of Carbon County." Makhija added.

Carbon County Democratic Committee Chairman Billy O'Gurek Jr. said the court made the right decision to reject the petition.

"The case was frivolous. We didn't think it would hold up, and we're glad the Commonwealth agreed," he said.

He said that decision means that Makhija will have a chance to debate Heffley directly on the issues this fall.

"What it came down to, they were going to do whatever they could to make sure Doyle didn't have an opponent," he said.