Express News Service
LUCKNOW: In a significant growth on Friday, senior Samajwadi Party (SP) chief and celebration MLA from Rampur, Mohammad Azam Khan was disqualified from the UP meeting by the speaker. The disqualification got here a day after Khan was convicted and sentenced to three-year imprisonment by Rampur MP/MLAs court docket in a case of hate speech registered towards him in April 2019.
The 74-year-old Khan’s disqualification will necessitate a by-poll to the Rampur meeting constituency. Azam Khan received the seat in 2022.
The case towards Khan was registered in Rampur in April 2019. He has been convicted below Indian Penal Code (IPC) Sections 153 A (selling enmity between two teams), 505 (assertion conducing to public mischief) and Section 125 of the Representation of People Act 1951. An FIR was lodged towards him after the returning officer took cognizance of the matter primarily based on a grievance lodged towards Khan.
Azam Khan was convicted by the court docket for utilizing objectionable language towards individuals holding outstanding constitutional positions together with Prime Minister Narendra Modi, UP Chief Minister Yogi Adityanath and the then Rampur DM Anjaneya Kumar Singh at a public rally throughout 2019 basic elections.
Getting into motion instantly in compliance with the 2013 order of the Supreme Court of India, Principal Secretary, Vidhan Sabha, Pradeep Dubey initiated the proceedings of Azam Khan’s disqualification from the Assembly issuing a notification citing the MP/MLAs court docket order. Khan’s disqualification was subsequently communicated to the Election Commission of India.
Notably, the Supreme Court of India had said in its order dated July 10, 2013, that if a sitting MP/MLA was convicted of an offence (not solely charged) then he/she can be disqualified instantly and the seat can be declared as vacant with out giving three months’ time to the convict for enchantment as was the case earlier than.
ALSO READ | Samajwadi Party chief Azam Khan will get three-year jail time period in hate speech case; granted bail
The Supreme Court delivered the order hanging down Section 8(4) of the Representation of the People Act (RPA) as unconstitutional because it allowed convicted lawmakers to avail of a three-month interval for submitting enchantment to the upper court docket to get a keep. The apex court docket had delivered the judgement following writ petitions filed by advocate Lily Thomas and Lok Prahari, by means of its General Secretary SN Shukla, the retired IAS officer.
The choice to disqualify Azam Khan was taken instantly after the state authorities, by means of UP chief secretary DS Mishra, made a proper communication to the Vidhan Sabha informing it concerning the SP chief’s conviction, extremely positioned sources mentioned.
Khan, who faces three years of imprisonment, won’t be able to contest any election for a interval of 9 years. In truth, Section 8 of the RPA offers with disqualification of a lawmaker for six years since his launch from jail after being convicted in case of any offence and sentenced to imprisonment for various phrases.
According to authorized consultants, if Azam Khan will get a keep order from the upper court docket towards his conviction, his disqualification wouldn’t be revoked however he would have the ability to contest the by-election.
LUCKNOW: In a significant growth on Friday, senior Samajwadi Party (SP) chief and celebration MLA from Rampur, Mohammad Azam Khan was disqualified from the UP meeting by the speaker. The disqualification got here a day after Khan was convicted and sentenced to three-year imprisonment by Rampur MP/MLAs court docket in a case of hate speech registered towards him in April 2019.
The 74-year-old Khan’s disqualification will necessitate a by-poll to the Rampur meeting constituency. Azam Khan received the seat in 2022.
The case towards Khan was registered in Rampur in April 2019. He has been convicted below Indian Penal Code (IPC) Sections 153 A (selling enmity between two teams), 505 (assertion conducing to public mischief) and Section 125 of the Representation of People Act 1951. An FIR was lodged towards him after the returning officer took cognizance of the matter primarily based on a grievance lodged towards Khan.
Azam Khan was convicted by the court docket for utilizing objectionable language towards individuals holding outstanding constitutional positions together with Prime Minister Narendra Modi, UP Chief Minister Yogi Adityanath and the then Rampur DM Anjaneya Kumar Singh at a public rally throughout 2019 basic elections.
Getting into motion instantly in compliance with the 2013 order of the Supreme Court of India, Principal Secretary, Vidhan Sabha, Pradeep Dubey initiated the proceedings of Azam Khan’s disqualification from the Assembly issuing a notification citing the MP/MLAs court docket order. Khan’s disqualification was subsequently communicated to the Election Commission of India.
Notably, the Supreme Court of India had said in its order dated July 10, 2013, that if a sitting MP/MLA was convicted of an offence (not solely charged) then he/she can be disqualified instantly and the seat can be declared as vacant with out giving three months’ time to the convict for enchantment as was the case earlier than.
ALSO READ | Samajwadi Party chief Azam Khan will get three-year jail time period in hate speech case; granted bail
The Supreme Court delivered the order hanging down Section 8(4) of the Representation of the People Act (RPA) as unconstitutional because it allowed convicted lawmakers to avail of a three-month interval for submitting enchantment to the upper court docket to get a keep. The apex court docket had delivered the judgement following writ petitions filed by advocate Lily Thomas and Lok Prahari, by means of its General Secretary SN Shukla, the retired IAS officer.
The choice to disqualify Azam Khan was taken instantly after the state authorities, by means of UP chief secretary DS Mishra, made a proper communication to the Vidhan Sabha informing it concerning the SP chief’s conviction, extremely positioned sources mentioned.
Khan, who faces three years of imprisonment, won’t be able to contest any election for a interval of 9 years. In truth, Section 8 of the RPA offers with disqualification of a lawmaker for six years since his launch from jail after being convicted in case of any offence and sentenced to imprisonment for various phrases.
According to authorized consultants, if Azam Khan will get a keep order from the upper court docket towards his conviction, his disqualification wouldn’t be revoked however he would have the ability to contest the by-election.