UP court to decide on Azam Khan's plea seeking stay on conviction today, EC defers Rampur bypoll notification

A Sessions Court in Uttar Pradesh’s Rampur is scheduled to hear Samajwadi Party leader Azam Khan’s plea seeking a stay on his conviction in a hate speech case. 

On Wednesday, a Supreme Court bench headed by Chief Justice D Y Chandrachud directed the appellate court to hear and dispose Khan's application for a stay on his conviction on Thursday itself.

The Supreme Court had also directed the Election Commission to defer till November 10 the notification for the issue of notification for the bypoll in Rampur Sadar, which fell vacant following Khan’s disqualification. 

The apex court was critical of the speed with which Khan's disqualification proceedings were done by the Uttar Pradesh legislative assembly.

Following Khan’s conviction in the criminal case on October 27, he incurred disqualification under the Representation of Peoples Act, 1951 and the Rampur Assembly constituency, which he was representing, was declared vacant. Subsequently on November 6, the poll body  declared the schedule for the bypolls. However, after the Supreme Court order, it deferred the issue of notification till further orders. 

Disregarding the vehement opposition of the poll panel, the SC bench said the issuance of the gazette notification for declaring the election schedule may be issued on or after November 11 depending upon the outcome of Khan's application of stay on conviction.

The bench said that the lawmaker should have been granted an opportunity to avail legal remedy of appeal to seek stay on the conviction to save himself from disqualification.

During the hearing, the bench suggested to the poll panel that the issuance of gazette notification for the election schedule be deferred for 76 hours to afford an opportunity to Khan to seek a stay on his conviction.

On October 27, Khan was convicted in the hate speech case and sent to three years in jail by a Rampur court. The MP-MLA court in Rampur also granted bail to the MLA in the 2019 case.

On October 28, the Uttar Pradesh Legislative Assembly Secretariat had announced the disqualification of Khan from the House. Principal Secretary of the UP Legislative Assembly had said that the Assembly Secretariat declared the Rampur Sadar assembly seat as vacant.