SC upholds Samajwadi Party Leader Abdullah Azam Khan's disqualification basis misrepresented age

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Synopsis

As per Abdullah’s educational certificates, he was born on January 1, 1993 whereas according to his birth certificate, his date of birth was September 30, 1990.

Upholding Allahabad High Court's order disqualifying Samajwadi Party leader, Abdullah Azam Khan, the Supreme Court on Monday rejected his appeal. The disqualification was on finding incongruous date of birth details that he had provided for the puposes of contesting 2017 Uttar Pradesh Assembly Elections. 

A Bench of Justices Ajay Rastogi and BV Nagarathna delivered the verdict. 

The matter came before the Court when Nawab Kazam Ali Khan, approached the Allahabad High Court complaining about irregularities and fraud in Abdullah's candidature. It was alleged that in order to follow the mandate under Article 172(b) of the Constitution, Abdullah Azam Khan misrepresented his age through fake docuements.

It was alleged that without attaining the age of 25 years, he contested the elections from the Suar Constituency, which he even won. As per Abdullah’s educational certificates, he was born on January 1, 1993 whereas according to his birth certificate, his date of birth was September 30, 1990. It has been alleged by the prosecution that the birth certificate issued by the Lucknow Nagar Nigam was meant to help Abdullah to participate in the 2017 elections and his AADHAAR card & PAN cards were also not issued before 2015. 

Senior Advocate Kapil Sibal, for Abdullah Khan, and Advocate Aadil Singh Boparai, for Nawab Kazam Ali Khan appeared before the Court.

Earlier, a bench of Justice Hemant Gupta and Justice Vikram Nath of the Supreme Court, had dismissed a a plea seeking direction to quash the charge sheet in the same matter.

For the alleged offences, Azam Khan, his wife and Abdullah were arrested in 2020, where his wife was granted a bail in 2021, however Abdullah was granted a bail early this year. 

Case Title: Mohd. Abdullah Azam Khan vs. Nawab Kazim Ali Khan