NAWAB KAZIM ALI KHAN Vs. ABDULLAH AZAM KHAN

JUDGEMENT

(1.) Heard Shri Naveen Sinha, learned Senior Advocate, assisted by Ms. Kalpana Sinha and Shri Raghav Nayar, learned counsel for the election petitioner and Sri N.K. Pandey along with Sri S.A. Kazmi, learned counsel for the respondent - returned candidate.

(2.) Briefly stated facts of the present case are that notification under the Representation of the People's Act 1951 (hereinafter referred to as "the Act 1951") was issued notifying for election of U.P. State Legislative Assembly from 34-Suar, District - Rampur constituency. A public notice was also issued by the Returning Officer fixing the following programme for holding the election from the aforesaid constituency :-

(3.) After scrutiny and withdrawal of nomination papers, the election petitioner and six other persons including the respondent were the candidates who remained in the field for the election. Before the Returning Officer the Election petitioner filed an objection against the respondent alleging that the respondent is less than 25 years of age and, therefore, he is not qualified to contest the election in view of Article 173(b) of the Constitution of India. The objection was rejected by the Returning Officer. The election took place as per schedule in which the respondent - Mohd. Abdullah Azam Khan, son of Mohd. Azam Khan who had filed his nomination papers on 24.1.2017, was declared elected on 11.3.2017. He secured 1,06,443 votes. The petitioner stood 3rd and had secured 42,233 votes.