SC Refuses to Review Its Verdict Upholding the Disqualification of SP Leader Azam Khan’s Son for Not Meeting Age Criteria

“Application seeking permission for hearing in open court is rejected. The present review petitions have been filed against the final judgment dated 07th November, 2022. We have perused the review petitions as well as the connected papers in support thereof and find2 no manifest apparent error on the face of record. In our opinion, no case for review is made out. We make it clear that what has been observed by this Court is with reference to the Election Petition assailing the election of the returned candidate (Mohammad Abdullah Azam Khan) from 34, Suar Assembly Constituency of District Rampur. The result of the election was declared on 11th March, 2017 and the criminal cases, if any, pending in reference to the self­same subject may be decided on its own merits. The review petitions are accordingly dismissed with observations afore­stated.”

By the impugned judgement, the top court had, in November, upheld a decision of the Allahabad High Court to disqualify Rampur MLA Mohd. Abdullah Azam Khan for not having attained the age of 25 years on the date of the election as prescribed in Article 173(b) of the Constitution. In 2019, the Allahabad High Court struck a major blow to Khan’s electoral aspirations when the petitioner, one Nawab Kazam Ali Khan, moved the Court claiming that the young politician from the Samajwadi Party had falsely represented himself to be older for the purpose of contesting the assembly elections. It was against this decision that Khan had approached the Supreme Court, which after an extended hearing, decided to rule in favour of the original petitioner (respondent in this appeal). While both judges on the apex court bench agreed to dismiss the appeal, Justice B.V. Nagarathna delivered a separate concurring opinion. The appellant was represented by Senior Advocate Kapil Sibal, while Advocate Aadil Singh Boparai appeared on behalf of the petitioner.

The appellant, Mohd. Abdullah Azam Khan is the son of senior Samajwadi Party leader and Member of Parliament (Rampur) Azam Khan. Khan had contested the 2017 Uttar Pradesh Assembly Elections from Swar constituency in Rampur on a Samajwadi Party ticket and won. However, in December 2019, a single-Judge Bench of the Allahabad High Court invalidated his membership of the State Legislature 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. Holding that Khan was not qualified to be chosen to fill the seat in the legislature of the State in terms of Article 173(b) of the Constitution, Justice Surya Prakash Kesarwani allowed the election petition.

Khan, along with his father, Azam Khan, and his mother, Tazeen Fatma, were also arrested in February 2020 on several charges, including cheating, for allegedly fabricating his birth certificate. In December of the same year, Fatma obtained bail. However, it was not until January 2022, that Khan was released from Sitapur Jail in Uttar Pradesh. His father was released later in May after 27 months of incarceration.

Case Title

Mohd. Abdullah Azam Khan v. Nawab Kazim Ali Khan | Civil Appeal No. 104/2020

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