In a jolt to Rampur MP Mohmmad Azam Khan, the Allahabad High Court on Monday (December 16) annulled the election of senior SP leader’s son Mohammad Abdullah Azam Khan as an Uttar Pradesh MLA on the ground that he was underage and not qualified to fight the poll in 2017.
A bench of Justice S P Kesarwani declared the election of junior Khan from the Suar assembly segment null and void on a plea by the defeated BSP candidate, Nawab Kazim Ali Khan.
Allowing Kazim Khan’s election petition, the bench ruled that Abdullah Azam Khan was not qualified to contest the election of the legislative assembly as he had not yet turned 25 when he the filled nomination paper for the assembly election in 2017.
In his election petition against Abdullah Khan, Kazim Khan had contended that the elected MLAs actual date of birth was January 1, 1993 and not September 30, 1990, as claimed in the nomination paper.
Accordingly, he was yet to reach 25 years of age to become eligible to fight the election, when he filed the nomination papers on January 25, 2017, Kazim Khan had contended.
Abdullah Khan was elected as MLA from Suar constituency of Rampur district in Uttar Pradesh on a Samajwadi Party ticket on March 11, 2017. The bench unseated the Suar MLA after examining entire fact as borne out of various documents, including Abdullah Khan’s mother service record, which too had mentioned January 1, 1993.
The court directed the high court’s registrar general to intimate the substance of the verdict to the Election Commission of India and the Uttar Pradesh legislative assembly’s speaker to take follow-up actions.
Earlier at one stage, Abdullah Khan’s mother appeared as a witness before the court and contended that her son was born on September 30, 1990 as can be seen by her service records, registering the fact that she had taken the maternity leave in 1990 when Abdullah was born. The court, however, rejected her claim.
After recording statement of all witnesses and having heard the arguments of all sides, the court had reserved its judgment on September 27, 2019.