The Allahabad High Court in the case Mohammad Abdullah Azam Khan vs. State of U.P observed and has reserved its order in a plea moved by one Mohammed Abdullah Azam Khan, wherein seeking a stay on conviction in a 15-year-old case that led to his disqualification as an Member of
The court in the case disqualified Khan from Uttar Pradesh Legislative Assembly in the month of February this year, days after which the Khan was convicted and is sentences in a 15-year-old case by a Moradabad court to two years in prison . Thus, Abdullah, who represented the Suar Assembly constituency, who being the son of the veteran leader of the Samajwadi Party, Azam Khan
In the present case, the court convicted Khan for offences under the Indian Penal Code, 1860 in the 2008 case which relates to alleged obstruction and raising of provocative slogans during a dharna. Khan filed an appeal against the conviction made, thus, the Sessions Court had also dismissed a plea on the stay on conviction.
Khan was convicted in the year 2008 offence wherein it is alleged that his father Azam Khan was sitting on dharna, Khan being a juvenile merely accompanying his father and a case was being registered by the police against Abdullah Khan. Thus, the Trial Court imposed the maximum sentence for a period of 2 years.
The bench headed by Justice Rajiv Gupta in the case observed and has reserved the order wherein stating that it may be noted on April 5, the Top Court asked the High Court to accord highest priority to the Khan’s application and has disposed of the same.
Thus, the Khan in the case moved the Supreme Court during the pendency of his petition before the High Court on account of the fact that the High Court had. The Khan on March 17 posted his petition for hearing a plea after 3 weeks without granting any stay on his conviction, and thus, the disqualification notification was already been issued by Khan wherein apprehending the election process for his vacant seat to be notified anytime in the interim.
It has also been notified by the Election Commission on 29.03.2023 that the election process would start on 13.04.2023.
The court in the case observed and has noted that this being the second time that he has been disqualified from the UP Legislative Assembly membership.
The court observed that earlier, his election from the Suar Constituency (in 2017 state assembly elections) was invalidated by the Allahabad High Court on the ground that he was below 25 years of age at the time of filing the nomination, which being on the date of scrutiny of the nomination paper and on the date of declaration of results.