Allahabad High Court Reinstates Disqualified MLA Abbas Ansari in Hate Speech Case

Allahabad High Court Reinstates Disqualified MLA Abbas Ansari in Hate Speech Case

The Allahabad High Court has granted significant relief to Abbas Ansari, the disqualified MLA from Mau Sadar and son of late gangster-turned-politician Mukhtar Ansari, by overturning a lower court’s order in a hate speech case on Wednesday. Following the verdict, Abbas Ansari’s assembly membership will now be reinstated.

Ansari was earlier convicted by the Mau MP/MLA Court on May 31, 2024, for allegedly delivering a hate speech during a public rally ahead of the 2022 Uttar Pradesh Assembly elections. He was sentenced to two years in prison, while his election agent, Mansoor, received a six-month jail term and a fine of ₹2,000. His younger brother, Umar Ansari, was acquitted. The conviction had led to his immediate disqualification on June 1, 2024, under Section 8(3) of the Representation of the People Act, 1951, and his Mau Assembly seat was declared vacant.

The case dates back to March 3, 2022, when Abbas Ansari allegedly threatened government officials during a campaign speech, saying those misusing power would be held accountable after the formation of the Samajwadi Party-led government. Following these remarks, the Election Commission imposed a 24-hour campaign ban on him, and an FIR was lodged under multiple IPC sections, including 506 (criminal intimidation), 171F (undue influence), and 153A (promoting enmity).

After his conviction, Ansari challenged the Sessions Court verdict in the Allahabad High Court by filing a revision petition. On July 30, 2025, the bench of Justice Sameer Jain reserved its judgment, which was pronounced on August 20, 2025, granting relief to Abbas Ansari. His counsel argued that the termination of his membership was premature as appellate remedies were still available.

The Representation of the People Act mandates automatic disqualification of legislators sentenced to two years or more, a provision upheld by the Supreme Court in the 2013 Lily Thomas vs Union of India ruling, which struck down the earlier three-month cushion under Section 8(4).

 

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