Hindustan Times (Amritsar)

Don’t issue Rampur bypoll notificati­on till Nov 11: Top court to EC

- Abraham Thomas letters@hindustant­imes.om

NEW DELHI: The Supreme Court on Wednesday gave Samajwadi Party leader Mohammad Azam Khan an opportunit­y to salvage his Rampur assembly seat by arranging a fast-track hearing on his applicatio­n for stay of conviction before a Rampur court on Thursday, and ordered the Election Commission to hold back the gazette notificati­on on the Rampur by-election for a day.

If Khan gets an order of stay, he will remain in contention to contest for the upcoming bypoll to the Rampur seat on December 5.

A bench headed by Chief Justice of India (CJI) Dhananjaya Y Chandrachu­d said, “The Additional Sessions Judge, Rampur shall prepone hearing on stay of conviction from November 15 and take it up on November 10. The applicatio­n shall be disposed on the same day.”

The bench, also comprising justices Hima Kohli and JB Pardiwala, added: “The issuance of Gazette notificati­on for declaring the election schedule for Rampur constituen­cy may be issued on or after November 11, depending on the outcome of the applicatio­n on stay of conviction.” The bench clarified, “In the event he (Khan) fails, EC can proceed with issuance of notificati­on.”

The court passed the order in the interest of providing “fair process” to the petitioner (Khan), who was denied an opportunit­y to appeal to the sessions court against his conviction.

Khan was convicted and sentenced to three years in prison in a 2019 hate speech case on October 27.

The next day, the secretaria­t of UP assembly declared his seat vacant. On November 5, EC announced the schedule for by-election to several assembly seats including Rampur.

On Monday, when Khan’s petition was first heard by the top court, his lawyer, senior advocate P Chidambara­m, raised the plea of discrimina­tion to suggest that the assembly seat of Khatauli falling in the same state where the sitting BJP MLA stood convicted and sentenced to two years imprisonme­nt in the 2013 Muzaffarna­gar riots case.

Welcoming the order, Samajwadi Party spokespers­on Abdul Hafiz Gandhi said: “Today’s SC’s directive to EC is sort of a relief as it gave at least some time to appeal against the conviction... The speed with which the Speaker of Vidhan declared the seat vacant and the alacrity with which EC announced the bypoll to Rampur seat point how an opposition party leader can be victimised...”

Later, the Election Commission said it will not issue the notificati­on for Rampur bypoll in view of the SC order.

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Mohammad Azam Khan

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