<p>The Supreme Court on Friday stayed the Allahabad High Court's October 22 order to the Election Commission to start the process of holding of by-election in Uttar Pradesh's Suar Assembly constituency.</p>.<p>Mohammad Abdulla Azam Khan, son of Samajwadi Party MP Azam Khan, was disqualified as an MLA by the HC, which found him underage at the time of Assembly elections in 2017.</p>.<p>A bench of Chief Justice S A Bobde and Justices A S Bopanna and V Ramasubramanian stayed the HC order, after hearing senior advocates Kapil Sibal for Khan, and Rakesh Dwivedi for the EC.</p>.<p>"Until further orders, there shall be a stay of interim direction given by the High Court to Election Commission of India to start the process for holding the by-election on the Uttar Pradesh’s State Assembly Constituency, “Suar” Rampur," the bench said.</p>.<p>The court issued notice to the Uttar Pradesh government and others on Khan's petition.</p>.<p>The HC declared Khan's election as void on December 16, 2019, finding irregularity in declaration of his date of birth. His petition challenging the HC's order is pending before the top court.</p>.<p>However, acting on a writ petition, the HC on October 22 directed the Election Commission to start the process for holding by-poll on the constituency as no interim order was passed by the top court on Khan's plea.</p>.<p>Both Khan and the EC moved the top court against the HC's order.</p>.<p>Khan contended that despite pendency of his petition before the Supreme Court, Allahabad High Court has shown "an unusual haste" and directed the Election Commission to hold the by-elections.</p>.<p>Notably, the HC had taken a very serious view of the failure of the EC to hold bypoll in the Assembly constituency as seats remained vacant since December, 2019.</p>.<p>"Will of the people is supreme in a democracy and it cannot be lightly interfered with. The EC, under no circumstance, can frustrate the will of the people. This court, which is a custodian of the Constitution, cannot be a silent spectator in a case of this nature where the EC has failed to exercise its powers in a manner which has the effect of destroying or making erosion into the democratic setup, which is a part of the basic structure of the Constitution," the HC had said.</p>
<p>The Supreme Court on Friday stayed the Allahabad High Court's October 22 order to the Election Commission to start the process of holding of by-election in Uttar Pradesh's Suar Assembly constituency.</p>.<p>Mohammad Abdulla Azam Khan, son of Samajwadi Party MP Azam Khan, was disqualified as an MLA by the HC, which found him underage at the time of Assembly elections in 2017.</p>.<p>A bench of Chief Justice S A Bobde and Justices A S Bopanna and V Ramasubramanian stayed the HC order, after hearing senior advocates Kapil Sibal for Khan, and Rakesh Dwivedi for the EC.</p>.<p>"Until further orders, there shall be a stay of interim direction given by the High Court to Election Commission of India to start the process for holding the by-election on the Uttar Pradesh’s State Assembly Constituency, “Suar” Rampur," the bench said.</p>.<p>The court issued notice to the Uttar Pradesh government and others on Khan's petition.</p>.<p>The HC declared Khan's election as void on December 16, 2019, finding irregularity in declaration of his date of birth. His petition challenging the HC's order is pending before the top court.</p>.<p>However, acting on a writ petition, the HC on October 22 directed the Election Commission to start the process for holding by-poll on the constituency as no interim order was passed by the top court on Khan's plea.</p>.<p>Both Khan and the EC moved the top court against the HC's order.</p>.<p>Khan contended that despite pendency of his petition before the Supreme Court, Allahabad High Court has shown "an unusual haste" and directed the Election Commission to hold the by-elections.</p>.<p>Notably, the HC had taken a very serious view of the failure of the EC to hold bypoll in the Assembly constituency as seats remained vacant since December, 2019.</p>.<p>"Will of the people is supreme in a democracy and it cannot be lightly interfered with. The EC, under no circumstance, can frustrate the will of the people. This court, which is a custodian of the Constitution, cannot be a silent spectator in a case of this nature where the EC has failed to exercise its powers in a manner which has the effect of destroying or making erosion into the democratic setup, which is a part of the basic structure of the Constitution," the HC had said.</p>
