The Supreme Court has rejected Abdullah Azam Khan`s overview petition difficult its order upholding Allahabad High Court’s verdict disqualifying the previous legislator for now no longer having attained the minimal qualifying age at the date of the election. “We make it clean that what has been found with the aid of using this courtroom docket is almost about the election petition assailing the election of the back candidate (Mohammad Abdullah Azam Khan) from 34, Suar Assembly Constituency of District Rampur,” the pinnacle courtroom docket said.
The courtroom docket similarly said that the end result of the election become declared on March 11, 2017, and the crook cases, if any, pending in connection with the selfsame problem can be determined on its personal merits. “The overview petitions are thus dismissed,” a bench of justices Ajay Rastogi and BV Nagarathna stated in an order brought on November 7, 2022.
The Supreme Court dominated that there has been no take place blunders with the aid of using the Allahabad High Court, which annulled Samajwadi Party chief Azam Khan’s son Abdullah Azam Khan’s election as Uttar Pradesh MLA, and it did now no longer require any intervention with the aid of using the pinnacle courtroom docket.
“The gift overview petitions had been filed in opposition to the very last judgment dated November 7, 2022. We have perused the overview petitions in addition to the linked papers’ aid thereof and locate no take place obvious blunders at the face of the report. In our opinion, no case for overview is made out,” the courtroom docket stated.
The pinnacle courtroom docket became down the attraction filed with the aid of using Abdullah Azam Khan difficult his disqualification as MLA with the aid of using the Allahabad High Court order at the floor that he become underaged and now no longer certified to contest the ballot in 2017.
The Allahabad High Court had declared the election of Azam Khan’s son from the Suar Assembly section of Rampur district null and void as he become much less than 25 years of age. Abdullah Khan become elected as MLA on an SP price price tag on March 11, 2017.
“In the immediately case, the date of start of the appellant for the duration of in his statistics is January 1, 1993, and simplest withinside the yr 2015 whilst the appellant have become eager to go into into lively politics, the mom of the appellant submitted an software for the primary time on January 17, 2015, claiming that the appellant become born on September 30, 1990, and start certificates can be without delay issued to her and inside 3 days, the start certificates become issued with the aid of using the Nagar Nigam, Lucknow on January 21, 2015,” the High Court had referred to earlier.
“In aid thereof, the documentary proof which the appellant has positioned on report acquired from the Queen Mary’s Hospital, Lucknow, as a basis on which the start certificates has been issued as alleged from the Nagar Nigam, Lucknow, in our taken into consideration view, no probative cost might have been connected to it,” the courtroom docket had referred to.
“The High Court, in our taken into consideration view, has tested the documentary and the oral proof to be had on report in extenso, we discover that no take place blunders become devoted with the aid of using the High Court in passing the impugned judgment, which might also additionally name for our interference,” it stated.
Section 13(3) of the Registration of Birth and Death Act, 1969, absolutely postulates that not on time registration of start and demise is permissible furnished the manner prescribed has been accompanied after taking orders from the Magistrate and proving the correctness of the date of start, the courtroom docket had found.
Noting that the defence of the appellant is that on account that his call become already registered withinside the statistics of Nagar Nigam, Lucknow, Section 13(3) of the Registration of Birth and Death Act, 1969 might not apply, the HC stated this submission seemed to be misplaced.