Supreme Court bench of Chief Justice SA Bobde, AS Bopanna & V. Ramasubramaniun stayed the order of Allahabad High Court dated October 23directing the Election Commission for holding bye- election for the Assembly Constituency Suar, Uttar Pradesh.
“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 HC Division bench of Allahabad said that election commission has failed to hold Bye-elections in the constituency within the prescribed time under s. 151A of representative of people’s Act, 1950.
After that, a Petition was filed before this Court in 2017 by one Nawab Kazim Ali Khan challenging that election, and said that Mohd. Abdullah Azam Khan was less than 25 years of age and so 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 it set aside and the information in this regard was sent to the Registrar General of this Court, Election Commission and the Speaker of the UP Legislative Assembly. Then 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.
The apex Court had stated that 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 byepolls in the Uttar Pradesh constituency.