New Delhi: In a relief to Samajwadi Party leader Azam Khan, the Supreme Court on Wednesday directed the Election Commission to defer till November 10 the issue of notification for the bypoll in Rampur Sadar in Uttar Pradesh, which fell vacant following his disqualification after his conviction in a hate speech case.
A bench headed by Chief Justice D Y Chandrachud also directed the Rampur court to hear and dispose of Khan's application for a stay on his conviction on Thursday itself.
The apex court was critical of the speed with which Khan's disqualification proceedings were done by the Uttar Pradesh legislative assembly.
"Look at the alacrity with which you (assembly) proceeded," observed the bench, which also comprised justices Hima Kohli and J B Pardiwala.
Referring to some other cases, mentioned by senior advocate P Chidambaram, appearing for Khan, where disqualification of lawmakers were done belatedly, the bench said that "you cannot pick and choose people" and favoured granting an opportunity to Khan to seek legal remedy.
"The additional sessions judge at Rampur before whom the appeal has been filed shall prepone the hearing on the application for stay of conviction and take it up on November 10," the bench said.
"The application for stay of conviction shall be disposed of on the same day," it added.
The bench said that the lawmaker should have been granted an opportunity to avail legal remedy of appeal to seek stay on the conviction to save himself from disqualification.