SC refuses stay on annulment of election of Azam Khan's son

The Supreme Court on Friday refused to stay the annulment of the election of Samajwadi Party leader Azam Khan's son Mohd Abdullah as an MLA from Suar constituency in Uttar Pradesh, for being below the mandatory age of 25 years.

The top court, however, agreed to examine his plea against the Allahabad HC's judgement, passed in December, 2019.

A bench of Chief Justice S A Bobde and Justices B R Gavai and Surya Kant issued notice to Nawab Kazim Ali Khan, the unsuccessful candidate, who had filed the election petition in the HC.

Ali, the BSP candidate from the constituency, claimed Abdullah was born on January 1, 1993, as per his educational certificates, passport etc. Abdullah, for his part, claimed his date of birth was September 30, 1990. His mother, Tazeen Fatima appeared as a witness in the matter to support his claim.

During the hearing, senior advocate Kapil Sibal, representing Abdullah, asked the court to stay the order as the Uttar Pradesh government had decided to initiate criminal proceedings against him.

"We are not staying the HC's judgement. Don't be so indignant about it. The HC judgement is not based on nothing," the bench told Sibal.

The council, however, relied upon the hospital records as well as maternity leave of Abdullah's mother, supported the date mentioned by him.

The bench, however, cited his school leaving certificate from the CBSE which showed he was underage at the time of filing his nomination paper in 2017 Assembly polls.

"We are not satisfied but since you created a doubt, so we are issuing notice," the court said, putting the matter for final disposal on March 25.

Ali was represented by advocate Aadil Singh Boparai.