Allahabad High Court Reserves Orders In Abdullah Azam’s Plea To Stay Conviction Which Led To His Disqualification As MLA

The Allahabad High Court today reserved its orders on the plea moved by Mohammed Abdullah Azam Khan seeking a stay on conviction in a 15-year-old case that led to his disqualification as an MLA.Khan was disqualified from Uttar Pradesh Legislative Assembly in February this year, days after he was convicted and sentenced by a Moradabad court to two years in prison in a 15-year-old case. Abdullah, who represented the Suar Assembly constituency, is the son of the veteran leader of the Samajwadi Party, Azam KhanKhan was convicted for offences under the Indian Penal Code in a 2008 case relating to alleged obstruction and raising of provocative slogans during a dharna. On appeal against his conviction, the Sessions Court had also dismissed a plea on the stay on conviction. It is the case of Khan that he was convicted in a 2008 offence where his father Azam Khan was sitting on dharna. He was a juvenile merely accompanying his father. The police registered a case against Abdullah Khan. Eventually, the Trial Court imposed the maximum sentence of 2 years.Having heard the arguments for Khan and the state, the bench of Justice Rajiv Gupta reserved its orders in the case. It may be noted that on April 5, the Supreme Court asked the High Court to 'accord highest priority' to Khan's application and dispose of the same. Khan had moved the Supreme Court during the pendency of his plea before the HC on account of the fact that the HC had, on March 17, posted his plea for hearing after 3 weeks without granting any stay on his conviction, and therefore, since disqualification notification was already issued, Khan was apprehending the election process for his vacant seat to be notified anytime in the interim.In fact, on Wednesday (29th March 2023) the Election Commission notified that the election process would start on 13th April 2023.It may be noted that this is the second time that he has been disqualified from the UP Legislative Assembly membership.Earlier, his election from the Suar Constituency (in 2017 state assembly elections) was invalidated by the Allahabad HC on the ground that he was below 25 years of age at the time of filing the nomination, on the date of scrutiny of the nomination paper, and on the date of declaration of results.Case title - Mohammad Abdullah Azam Khan vs. State of U.P [CRIMINAL MISC. APPLICATION U/S 389(2) No. - 2 of 2023]Click Here To Read/Download Order

Allahabad High Court Reserves Orders In Abdullah Azam’s Plea To Stay Conviction Which Led To His Disqualification As MLA

Sparsh Upadhyay

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