The Supreme Court on Friday stayed an Allahabad High Court order to the Election Commission to conduct polls for the Suar Assembly seat in Uttar Pradesh.
Azam Khan’s son Abdullah was disqualified after he contested in 2017 from the Suar constituency for being underage.
A bench headed by Chief Justice S.A. Bobde said: “We are going to stay the High Court order.”
The Supreme Court had on Wednesday said it will consider on November 6, the petitions challenging the Allahabad High Court order on the disqualification of Mohammad Abdullah Azam Khan and holding of the polls in the Uttar Pradesh constituency.
Khan, who is the son of Samajwadi Party MP Azam Khan, was disqualified as an MLA after the High Court ordered his election void on December 16, 2019, as there was an irregularity in the declaration of his date of birth. Khan had earlier also moved the apex court and the petition is still pending.
Last week, the High Court, on a plea, directed the Election Commission to begin the process to conduct by-poll in the constituency in the absence of any interim order by the Supreme Court on Khan’s petition.
Khan has argued that the High Court has acted in haste in the backdrop that his petition against the disqualification order is yet to be decided by the top court, and also the direction to the poll body to conduct the bypoll is not correct.
The High Court, in the order, had said the will of the people is supreme in a democracy and it cannot be lightly interfered with, and the Election Commission, under no circumstances, should frustrate the will of the people.
The High Court had noted that the seat had remained vacant since December 2019, and also took a serious view on the failure of the Election Commission to hold the bypoll for the Assembly constituency.
Now, the Election Commission and Khan have moved the apex court challenging this High Court order.
