Disqualified case: notice to the government and the Election Commission on Azam Khan’s petition
New Delhi. The Supreme Court on Monday sought replies from the Uttar Pradesh government and the Election Commission of India on the plea of SP leader Azam Khan against his disqualification for the membership of the state assembly. did.
The Samajwadi Party leader has been disqualified from the membership of the House after he was convicted and sentenced to three years in jail for making provocative speeches. A division bench of Justice D.Y. Chandrachud and Justice Hima Kohli asked Additional Advocate General Garima Prasad, appearing for Uttar Pradesh, to file her reply on Khan’s plea. The bench also asked Prasad to take his plea to the standing counsel for the Election Commission. What was the hurry to disqualify him, the court asked Prasad? You should have at least given them some time. In response, Prasad said the disqualification was in line with the direction of the apex court which it had given in one of its judgments.
Senior advocate P Chidambaram, appearing for Khan, said Vikram Saini, a Bharatiya Janata Party (BJP) MLA from Khatauli assembly in Muzaffarnagar district, was also convicted on October 11 and sentenced to two years, but his disqualification. No decision was taken.
Chidambaram said that the urgency in this matter is that the Election Commission of India is going to issue a gazette notification on November 10 regarding the announcement of by-elections in Rampur Sadar seat. He said that the judges of the sessions court were on leave for a few days and the Allahabad High Court was closed, so Khan could not go there against his conviction and sentence.
The bench asked Prasad why no action was taken in the matter of Khatauli assembly seat. The court fixed November 13 for further hearing of the matter and asked Prasad to file his reply after receiving directions. On October 27, Khan was convicted in the provocative speech case and was sentenced to three years in jail by the Rampur court.
The MP-MLA (MP-MLA) court at Rampur also granted bail to the MLA in the case of the year 2019. On October 28, the Uttar Pradesh Assembly Secretariat had announced the disqualification of Khan for the membership of the House. The principal secretary of the UP Vidhan Sabha had said that the assembly secretariat has declared Rampur Sadar seat vacant. (Language)
