Azam Khan's Seat Declared Vacant The Next Day Of Conviction, Give Him Some Breathing Time : Supreme Court

Posting the matter for hearing on 9th November, 2022 (Wednesday), a Bench comprising Justices D.Y. Chandrachud and Hima Kohli asked the AAG of the State of Uttar Pradesh, Ms. Garima Prasad to take instructions in the interim.

Khan has been found guilty in a 2019 Hate Speech case by a Rampur Court. Khan had made provocative remarks against Chief Minister of Uttar Pradesh, Yogi Adityanath and the then DM of Rampur, Aunjaneya K. Singh during the Lok Sabha Elections 2019.

On 27.10.2022, he was convicted under Sections 153A (promoting enmity between two groups), 505 (statement conducting to public mischief) of IPC and section 125 of the Representation of People Act 1951. An FIR was lodged against him after the returning officer had taken cognisance of the matter after a complaint was made to him in this regard. Khan is involved in over 85 Cases, he was released earlier this year after being granted interim bail by the Supreme Court in a forgery case.

Subsequent to his conviction in the 2019 hate speech case, Khan was disqualified from the Uttar Pradesh Assembly. It appears that the disqualification was on the ground that the Representation of the People Act contemplates that one sentenced to imprisonment of two years or more shall be disqualified from the date of such conviction. Immediately after the conviction, precisely, the very next day, 'vacant seat' was declared by the UP Vidhan Sabha Secretariat in the Rampur Constituency. The impugned press note had been issued thereafter indicating that the schedule for by-election for the vacant seat would be declared on 10th November, 2022.

On Monday, Senior Advocate, Mr. P. Chidambaram appearing on behalf of Khan informed the Bench that on 11.10.2022 an MLA of the ruling party in the State (BJP) from Khatauli constituency was convicted and sentenced for a term of two years. He was to be disqualified for the same. However, his seat was not declared vacant. Mr. Chidambaram emphasised that in the case of his client, the seat was declared vacant on the very next day of his conviction. He also provided the Bench with information on the impugned notification issued by the ECI and its implication.

"Gazette Notification will be issued by the ECI on 10th Nov. They usually issue a press note a few days ago."

Justice Chandrachud reckoned -

"Ms. Prasad (AAG State UP) give him some breathing time. What is the hurry?"

Ms. Prasad referred to a judgment in this regard. However, Justice Chandrachud noted, "Some reasonable opportunity should be given to him to go to Court. He is convicted, and on the next day the seat is declared vacant…Then do it for the other seat (BJP member) as well."

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