Rampur by-election to be held despite ruling against Azam’s stay on conviction

The Rampur sessions court on Thursday dismissed the application filed by senior Samajwadi Party leader Azam Khan seeking a stay of his conviction in a 2019 hate speech case.

Having heard both sides, the court rejected Khan’s appeal, paving the way for a byelection in the Rampur Sadar Assembly seat, which became vacant following Khan’s disqualification.

There was a request made by Azam Khan to stay the order passed by the Rampur MP/MLA court. Despite his plea, the court rejected it, and the hearing for the appeal (against the conviction in the hate speech case) will continue as usual,” prosecution officer Amarnath Tewari told The Indian Express.

According to the Supreme Court of India, it had ordered the Election Commission to delay the announcement of a byelection for the Rampur Sadar Assembly seat until November 11 to allow the candidate to apply for a stay of execution in the appeals court.

Chief Justice of India DY Chandrachud, along with Justice Hima Kohli and Justice JB Pardiwala, also ordered the Rampur Additional Sessions Judge to “prepone” the hearing of Khan’s application for a stay on conviction and to take it up “peremptorily” on November 10 and dispose of it that day.

Furthermore, the court pointed out that a stay of the conviction would also stay the disqualification and requested that Khan be given a reasonable amount of time to appeal his conviction.

The Election Commission announced Thursday that the Rampur Sadar Assembly byelection would take place on December 5, shortly after the Rampur sessions court rejected Khan’s appeal. According to the poll panel, notification of the byelection would be announced on Friday, and the deadline for filing nominations has been extended to November 18. Election day will be December 5, and counting will occur on December 8, as previously announced.

According to court records, Khan was convicted of hate speech on October 27 and sentenced to three years in prison. Later, bail was granted to him.

As a result of his disqualification as an MLA under the Representation of People’s Act, the UP Assembly Secretariat declared his Assembly seat, Rampur Sadar, vacant one day later.

Khan has been charged with over 80 cases since 2017, but the hate speech case was the first in which he has been found guilty. Other issues are still pending.

A case of hate speech was filed by election official Anil Kumar Chauhan in which Khan was alleged to have used foul language, threatened people in Constitutional posts, and tried to spark a riot during a speech.

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Hi, my name is Nisha and I'm an educational journalist based in India. I've always been passionate about the power of education to transform lives, and that's what led me to pursue a career in journalism focused on this area. I completed my Bachelor's degree in English from Hindu College in Delhi in 2013 and then went on to earn my Master's in Journalism and Mass Communication from the Indian Institute of Mass Communication in 2017. During my studies, I also completed several short-term courses on Education in India, Sociology, and other related subjects to deepen my knowledge in this field. I'm particularly interested in improving access to quality education in rural areas, where students often face significant challenges. I've worked on a number of initiatives to address this issue, including advocating for better policies, resources, and practices that can make a difference. As an educational journalist, I'm passionate about using my platform to highlight important issues in the education space. I've covered a wide range of topics, including the impact of technology in the classroom, innovative approaches to teaching and learning, and the challenges facing students from marginalized communities. One of the things I love most about my work is the opportunity to constantly learn and grow. I'm an avid reader and believe that reading is key to expanding one's knowledge and perspective. I'm always seeking out new ideas and insights to help me better understand the world around me. In summary, as an educational journalist, I'm dedicated to using my skills and expertise to make a positive impact in the field of education. I'm committed to improving access to quality education for all students and to using my platform to raise awareness about important issues in this area.

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