SC Stays All HC Order Regarding Bye-Elections in Suar Constituency

On 6th November, the Supreme Court stayed the Allahabad High Court order wherein the Election Commission was directed to hold the elections for Assembly Constituency Suar Constituency, U.P.

The order was passed by a three-judge bench comprising CJI SA Bobde, Hon’ble Justice AS Bopanna and Hon’ble Justice V. Ramasubramaniam.

Senior Counsel Rakesh Dwivedi seeks an interim order

Senior Counsel Rakesh Dwivedi who appeared on behalf of Election Commission of India submitted that the Court should pass an interim order as they (ECI) were required to hold an election right away. 

Counsel (Senior Advocate Salman Khurshid) for the Election petitioner requested the Court to implead him as a party and prayed that the case at hand, should be taken up for urgent disposal.

What had happened in the case?

On Wednesday, the Apex Court had stated that it would consider the petitions challenging the order passed by the High Court of Allahabad on disqualification of Mohammad Abdullah Azam Khan and holding of by-polls in the UP constituency.

Samajwadi Party leader Azam Khan’s son Abdullah Azam Khan was disqualified from contesting the elections on 26.12.2019 as he was underage when the nomination papers were filed.

Then, last week, the High Court of Allahabad had directed the ECI to hold the bye-elections in Suar, Uttar Pradesh.

A Division Bench of Allahabad HC had observed that ECI was not able to justify as to why the bye-elections were not held in Suar, even though a vacancy occurred there on 26/12/2019 which was also notified by the State Assembly on 27/02.2020.

It was further observed that the ECI had failed to perform its statutory and constitutional duty to hold bye-election in Suar constituency within the time period prescribed u/s 151A of Representation of People’s Act, 1950.

Meanwhile, Mohd. Abdullah Azam Khan was elected as a Member in UP State Legislative Assembly from Suar, Rampur.

One Nawab Kazim Ali Khan moved the Supreme Court and challenged the election on the ground that Mohd. Abdullah Azam Khan was less than twenty-five years in age, and therefore he was not qualified to contest the election as per Article 173(b) of the Constitution.

After hearing both the parties, the Hon’ble Supreme Court allowed the election petition and election of Mohd. Abdullah Azam Khan was declared void and set aside. 

The ECI, Speaker of the UP Legislative Assembly and the Registrar General of the Supreme Court were duly informed of the decision.

Thereafter, the Principal Secretary, UP State Assembly, issued a notification 27.02.2020 stating that after the order of the High Court, a vacancy has occurred in Suar, Rampur w.e.f. 16/12/2019.

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