SC to consider plea by Samajwadi Party MP Azam Khan's son against disqualification on November 6

The Allahabad HC had declared his election void on December 16, 2019 over irregularity in the declaration of his date of birth

The Supreme Court on Wednesday decided to consider on November 6 the petitions challenging an Allahabad High Court order on the disqualification of Mohammad Abdullah Azam Khan and holding of bypoll in Uttar Pradesh's Suar Assembly constituency.

Khan, son of Samajwadi Party MP Azam Khan, was disqualified as an MLA after the HC declared his election void on December 16, 2019 over irregularity in the declaration of his date of birth. His petition challenging the HC order is pending before the top court.

The SC bench, presided by Chief Justice S A Bobde and comprising Justices A S Bopanna and V Ramasubramanian, has posted the matter for consideration next week.

Last week, acting on a writ petition, the HC had directed the Election Commission to start the process for holding bypoll in the constituency as no interim order was passed by the top court on Khan's plea.

Both Khan and the EC have moved the top court against the HC's order.

Khan contended that despite the pendency of his petition before the Supreme Court, the Allahabad High Court has shown "an unusual haste" and directed the Election Commission to hold the bypoll.

Notably, the HC had taken a very serious view of the failure of the EC to hold bypoll in the Assembly constituency as the seat has remained vacant since December 2019.

"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.