Lucknow: UP Assembly Speaker disqualified Rampur MLA, SP senior leader Mohammad Azam Khan on Friday on the conviction and sentenced to three-year imprisonment by Rampur MP/MLAs court in a case of hate speech registered against him in April 2019.

His disqualification will necessitate a by-poll to the Rampur assembly constituency. The case against Khan was registered in Rampur in April 2019. He has been convicted under Indian Penal Code (IPC) Sections 153 A (promoting enmity between two groups), 505 (statement conducing to public mischief) and Section 125 of the Representation of People Act 1951. An FIR was lodged against him after the returning officer took cognizance of the matter based on a complaint lodged against Khan.

Azam Khan was convicted by the court for using objectionable language against persons holding prominent constitutional positions including Prime Minister Narendra Modi, UP Chief Minister Yogi Adityanath and the then Rampur DM Anjaneya Kumar Singh at a public rally during 2019 general elections.

Getting into action immediately 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 order. Khan’s disqualification was subsequently communicated to the ECI.

Notably, the Supreme Court of India had stated in its order dated July 10, 2013, that if a sitting MP/MLA was convicted of an offence (not only charged) then he/she would be disqualified immediately and the seat would be declared as vacant without giving three months’ time to the convict for appeal as was the case before.