Supreme Court Stays Allahabad HC Order Directing ECI To Hold Bye-Elections UP's Suar Constituency

The Supreme Court on Friday stayed the Allahabad High Court order directing the Election Commission for holding by election for the Assembly Constituency Suar, Uttar Pradesh.

A bench of Chief Justice SA Bobde, AS Bopanna & V. Ramasubramaniun stayed the order of Allahabad High Court dated October 23.

"We are going to stay the order of the Allahabad High Court which says to conduct by elections," said the Chief Justice of India"

Senior Advocate Rakesh Dwivedi appeared for the  Election Commission of India (ECI).

"There should be an interim order because we are required to hold elections forthwith. This involves a question of law" said Dwivedi

Senior Advocate Salman Khurshid appeared for the Election Petitioner and sought to be impleaded in the plea and prayed that the matter be taken up for urgent disposal.

"Under section 151 in the last year of the term of the Assembly, no elections are held and the Constituency would be deprived of a representative for over a year and a half if that happens," said Khurshid.

Top Court had stated on Wednesday it will consider the petitions challenging the Allahabad High Court order on the disqualification of Mohammad Abdullah Azam Khan and holding of the bypolls in the Uttar Pradesh constituency.

Abdullah Azam Khan, Samajwadi Party leader Azam Khan's son was annulled from contesting elections on December 16, 2019 on account of being underage at the time of filing nomination papers.

Last week, the Allahabad HC directed the Election Commission of India to start the process for holding bye-elections in Uttar Pradesh's State Assembly Constituency, "Suar" Rampur, forthwith.

"The Election Commission of India has not been able to justify as to why and under what circumstances, bye election has not been held on the aforementioned constituency despite the vacancy having occurred on 26.12.2019 and duly notified long back by the State Assembly on 27.02.2020", observed Justices Shashi Kant Gupta and Pankaj Bhatia.

The division bench expressed the view that the Election Commission has failed to perform its constitutional and statutory duty to hold the bye election for the aforementioned constituency within the time prescribed under Section 151A of the Representation of People's Act, 1950.

Mohd. Abdullah Azam Khan was elected as Member in the UP State Legislative Assembly from Constituency 'Suar', District Rampur.

Thereafter, an Election Petition was filed before this Court in 2017 by one Nawab Kazim Ali Khan challenging the election, alleging that Mohd. Abdullah Azam Khan was less than 25 years of age and therefore he was not qualified to contest the elections in terms of Article 173(b) of the Constitution of India.

The Court after hearing the parties vide judgement and order dated 16.12.2019, allowed the election petition and the election of Mohd. Abdullah Azam Khan was declared void and consequently set aside and information in this regard was sent to the Registrar General of this Court, Election Commission and the Speaker of the UP Legislative Assembly.

Thereafter a Notification dated 27.02.2020 was issued by the Principal Secretary, U.P. State Assembly, indicating that after passing of the order by the High Court, a vacancy has occurred on the aforesaid constituency w.e.f. 16.12.2019.