Samajwadi Party leader Azam Khan and his son Abdullah Azam have been granted bail on Thursday in the high-profile dual PAN card case. The court suspended their sentences but rejected their pleas seeking a stay on their convictions.
A single-judge bench of Justice Samit Gopal pronounced the order, though it rejected their plea seeking a stay on their conviction.
The father-son duo had moved the High Court, challenging the trial court’s conviction order through a criminal revision petition. In their plea, they had sought a stay on their conviction, a suspension of their sentences, and a release on bail.
The case relates to allegations that Abdullah Azam obtained and used two Permanent Account Number (PAN) cards bearing different dates of birth. Both he and his father faced criminal proceedings in connection with the matter.
In November 2025, a special MP/MLA court in Rampur convicted the duo in the case. They were found guilty of cheating, forgery and criminal conspiracy under Sections 420, 467, 468, 471 and 120-B of the Indian Penal Code (IPC), following a complaint filed by BJP leader Akash Saxena in 2019.
Can Azam Khan contest the 2027 UP Assembly elections?
The High Court's decision has raised questions about whether Azam Khan and Abdullah Azam will be able to contest the 2027 Uttar Pradesh Assembly elections.
For now, the suspension of their sentences does not restore their eligibility to contest elections, as the court has refused to stay their convictions. So, no, Azam Khan cannot contest the 2027 Uttar Pradesh Assembly elections.
The court has only suspended their sentences but has not stayed their convictions.
Azam Khan was sentenced to 10 years in prison, while Abdullah Azam received a seven-year sentence in the dual PAN card case.
What does Indian law say?
Politicians can be disqualified from contesting elections due to criminal cases under the Representation of the People Act, 1951.
- Under Section 8(3) of the Act, a person convicted of an offence and sentenced to imprisonment for at least two years is disqualified from contesting elections.
- The disqualification takes effect on the exact day of the conviction. The leader remains banned from running for office for the entire duration of their jail sentence plus an additional 6 years after their release.
- In Azam Khan and his son's case, the Allahabad High Court has suspended their jail sentence and granted them bail. However, the Election Commission of India (ECI) guidelines and judicial precedents state that merely getting bail or a suspended sentence does not remove the election ban. The conviction is still considered active.
- To become eligible to contest an election again, a higher court must explicitly stay the conviction itself, which allows the candidate to run for a seat, which Azam Khan was denied.
The High Court's latest order offers relief to Azam Khan and Abdullah Azam in the dual PAN card case. However, with their convictions remaining in force, their eligibility to contest the 2027 Uttar Pradesh Assembly elections remains affected.