The Supreme Court on Friday agreed to hear a petition filed by Samajwadi Party (SP) leader Mohammad Azam Khan's son, Mohammad Abdullah Azam Khan against the Allahabad High Court's order which annulled his election as Uttar Pradesh legislator on grounds that he was underage and not qualified to contest the poll in 2017.
A Bench headed SA Bobde agreed to hear his plea but refused to stay the High Court's order. It also issued a notice to Bahujan Samaj Party (BSP) leader Nawab Kazim Ali Khan who had moved the plea against Khan before High Court order. It posted the matter for hearing on March 25.
The Allahabad High Court had declared the election of Abdullah Khan from the Suar Assembly segment from Rampur district null and void. Abdullah Khan was elected as MLA on a Samajwadi Party ticket on March 11, 2017.
The High Court's order had come on a plea by the defeated BSP candidate Nawab Kazim Ali Khan.
It held that Abdullah was not qualified to contest the election of the Legislative Assembly as he had not yet turned 25 when he filled nomination paper for the election on January 25, 2017.
Kazim Khan had contended before the High Court that Abdullah's actual date of birth was January 1, 1993, and not September 30, 1990, as claimed in the nomination paper.
Approaching the Supreme Court, Abdullah Khan submitted that the High Court was not justified in declaring his election if Suar Assembly Constituency as void in spite of ample oral and documentary evidence on record.
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