The Supreme Court will hear next week the petition of Abdullah Azam Khan, son of SP MP Azam Khan, an MLA from Rampur's Swar seat. Abdullah has challenged the Allahabad High Court's decision to cancel his election to the Uttar Pradesh Legislative Assembly. The High Court had quashed his legislature, saying that in 2017, he was too young to contest.
A bench headed by Chief Justice SA Bobde was informed by Election Commission Senior Counsel Rakesh Dwivedi that there was already a petition against the High Court order in the context of a few select remarks. The commission's appeal was not listed for hearing on Wednesday.
On this, the bench said, it would be better than the courts hear both the appeals together. With this, the bench adjourned the hearing till next week.
Last week, the Allahabad High Court had asked the Election Commission to initiate the process of the by-election for the Swar assembly seat. Swar seat falls under Rampur district. On January 17, the apex court refused to stay the Allahabad High Court's order canceling Abdullah's election.
It also issued notice to the Election Commission and the defeated BSP candidate Nawaz Ali Khan and sought their response. It was Nawaz who challenged Abdullah's election.