SC refuses to stay annulment of Azam Khan son’s election

Mohammad Abdullah Azam Khan, son of Samajwadi Party MP Mohammad Azam Khan

The Supreme Court Friday declined to stay an order of the Allahabad High Court which had annulled the election of Mohammad Abdullah Azam Khan, son of Samajwadi Party MP Mohammad Azam Khan, on an SP ticket to the Uttar Pradesh Assembly in 2017.

A bench of Chief Justice of India S A Bobde and Justices B R Gavai and Surya Kant issued notices to the Election Commission of India (ECI) as well as to Bahujan Samajwadi Party (BSP) leader Kazim Ali Khan, who had challenged Abdullah’s election from the Suar Assembly constituency in Rampur.

The bench said it will go through the HC verdict which “is based on evidence” and hear the matter.

Hearing an election petition filed by Kazim, the HC had ruled that Abdullah was not qualified in terms of age to contest the election as he had not turned 25 when he filed his nomination.

Kazim had contended that the SP candidate’s real date of birth was January 1, 1993 and not September 30, 1990, as he had declared in his nomination.
According to Kazim’s petition, Abdullah filed false documents in support of his age proof — according to his educational qualifications, his date of birth was January 1, 1993 while the date of birth on his birth certificate, produced for contesting the election, was shown as September 30, 1990.
“Thus, he was not qualified to fill a seat in the legislature of the state as per the provisions of Article 173 (b) of the Constitution of India. Hence, the election petition is allowed,” the HC had ruled.

During the course of hearing in the HC, Abdullah’s mother and the then Rajya Sabha MP Tazeen Fatima had claimed in court that her son was born on September 30, 1990.

Dr Uma Singh, senior gynaecologist of Queen Mary’s Hospital in Lucknow, who appeared in court also claimed the same.