SC stays HC direction asking poll panel to hold election on Suar assembly seat in UP

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New Delhi, Nov 6 (PTI) The Supreme Court Friday stayed the direction of the Allahabad High Court asking the Election Commission to hold bypoll in Suar assembly constituency in Uttar Pradesh which fell vacant after the annulment of Abdullah Azam Khan's election.

The high court had annulled the election of the son of Samajwadi Party MP Mohammad Azam Khan on the grounds of being under age. Later, the high court also asked the ECI to start the process forthwith for holding by-election in the constituency.

A bench comprising Chief Justice S A Bobde and Justices A S Bopanna and V Ramasubramanian said the high court's order 'directing the ECI to start process of holding by-election for Suar assembly constituency is stayed'.

The apex court is seized of two appeals field by Abdullah Azam Khan against the high court order in the case.

The SP leader has challenged the setting aside of his election as an MLA and the direction to the poll panel for fresh bypoll for the seat. On January 17, the top court had refused to stay the Allahabad High Court verdict annulling his election.

It had issued notice and sought response of the ECI and defeated BSP candidate Nawaz Ali Khan, who had challenged Abdullah Azam Khan's election from the constituency in Rampur district.

Some doubts have been created by placing documents other than school records to show that Abdullah Azam Khan was qualified to contest the election, the top court had said. 'We have read the Allahabad High Court judgment, it is based on evidence.' Abdullah Khan had on December 17 approached the top court challenging the high court verdict which had ruled that he was not qualified to contest the election of the legislative assembly as he had not turned 25 when he filed the nomination papers for the 2017 polls.

In his election petition against Abdullah Khan in the high court, Kazim Ali Khan had contended that the elected MLA's actual date of birth was January 1, 1993 and not September 30, 1990, as claimed in the nomination paper.

He said in his election petition in the high court that educational certificates, passport and visa of Abdullah Khan mentioned January 1, 1993 as the SP MLA's date of birth.

The high court had unseated the Suar MLA after examining the entire facts as borne out of various documents, including the service record of Abdullah Khan's mother. It too had mentioned January 1, 1993 as his date of birth. In its ruling, the high court had directed its registrar general to intimate the substance of the verdict to the Election Commission of India and the Uttar Pradesh legislative assembly speaker to take follow-up actions. PTI ABA SJK MNL SA