LUCKNOW: The Lucknow bench of the Allahabad high court on Thursday issued notice to Samajwadi Party’s Azam Khan to explain why he shouldn’t be disqualified as a UP cabinet minister for simultaneously availing of facilities as the chancellor of Mohammad Ali Jauhar University in Rampur. The bench gave him six weeks to file his response, posting the matter for the next hearing after eight weeks.
“While filing the short counter-affidavit, neither the state government nor the university denied allegations that Azam avails entitlements meant for chancellor of Mohammad Ali Jauhar University whenever he visits Rampur,” said justices DP Singh and AK Tripathi of the Lucknow bench of the Allahabad high court.
Citing the Supreme Court ruling in the Jaya Bachchan case, the bench added that a person holding an office of profit can’t become a cabinet minister. Since allegations have not been denied prima-facie by the state or university, only Azam can explain the grounds on which he is using the facilities, the court said.
In another setback to Azam, the bench observed his recent press releases against a Shia cleric were derogatory and ill behove a cabinet minister. The bench said the petitioners were free to move the police or lower court for registration of FIR against Azam in this regard. Trouble is in the offing for Azam if the petitioners approach the police or lower court to lodge FIR.
The orders came on a writ petition moved by two Muslim clerics including Raza Husain seeking Azam’s removal from the Cabinet for holding an office of profit. The petitioner’s counsel, Ashok Pande, also pulled up Azam for his press releases issued against a Shia Muslim cleric.
TOI | Sep 26, 2014
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