The Supreme court on Monday refused to entertain a PIL seeking to declare it as void, the bypoll to the Rampur Sadar assembly seats on to ground that many voters were restrained from casting the votes.
The seat was fall vacant after the Samajwadi party leader Azam Khan got disqualified following a conviction in a criminal case.
A bench headed by DY Chandrachud stated in his order that “This amount to turning election law upside down. How can you challenge an election by filing a writ petition? Please file an election petition.”
The bench comprising of Justices PS Narasimha and JB Pardiwala, stated in their order that now as the results have been declared with no plea, except an election petition, can be entertained.
Lawyer Sulaiman Mohd Khan, who filed the PIL in his personal capacity, agreed with the observations of the bench that if he filed a plea in the Allahabad High Court, it would not have been listed for at least 10 days for hearing.
The lawyer further added that the election petition can only be filed after the results were declared.
The bench stated, leading the lawyer to withdraw the PIL, “No no, we are not entertaining this.” BJP candidate Akash Saxena therefore defeated Azam Khan’s nominee Asim Raja in the Rampur Sadar Assembly by-election (announced on December 8).
The seat got vacant after Azam Khan was disqualified from the Legislative Assembly after the court sentenced him a duration of 3 years in the prison for delivering hate speeches.
