THE BSP candidate who lost to Samajwadi Party’s Abdullah Azam, son of senior SP leader and former state minister Azam Khan, has filed an election petition in Allahabad High Court challenging Abdullah’s election from Suar constituency of Uttar Pradesh.
In his petition, Kazim Ali Khan, the titular nawab of Rampur and four-time MLA from the constituency, has claimed that the SP legislator was born on January 1, 1993. He was thus younger than the mandatory 25 years and did not qualify to become an MLA, Kazim Ali has contended.
In an affidavit and an additional affidavit filed during the nomination process, Abdullah had stated he was 26 years old. He had submitted a birth certificate showing his date of birth as September 30, 1990 at the time of scrutiny of nominations.
To buttress his contention, Kazim Ali has cited Abdullah’s CBSE matriculation certificate where his date of birth is January 1, 1993. Kazim’s counsel Aadil Boparai said Abdullah Azam was “not qualified to contest” election for MLA “in view of Article 173(b) of the Constitution in as much as he was less than 25 years of age when he filed” his nomination.
“Our inquiry revealed that Mohd Abdullah was born on January 1, 1993, as evident from his matriculation certificate. The law is well settled that a matriculation certificate is substantive proof of evidence for determining a candidate’s age. Mohd Abdullah Azam procured a forged and fabricated birth certificate showing his age as September 30, 1990,” Boparai contended.
The petition says Kazim Ali raised objections before the Returning Officer, asking him to reject Abdullah’s candidature. But no inquiry was conducted.