LUCKNOW: The Allahabad High Court has granted major relief to Abbas Ansari, the disqualified MLA from Mau Sadar and son of gangster-turned-politician late Mukhtar Ansari, by setting aside the lower court's order in the hate speech case on Wednesday. The Mau MLA, who had earlier lost his assembly membership after a conviction, will now be reinstated following the High Court order.
The Mau MP/MLA Court had sentenced Ansari to two-year imprisonment on May 31, 2024, in connection with the alleged hate speech delivered by him at a public rally during the 2022 state assembly election campaign. Ansari had contested the 2022 UP Assembly polls on a Suheldev Bharatiya Samaj Party (SBSP) ticket, then in alliance with the Samajwadi Party.
His election agent Mansoor, was sentenced to six months in jail, while younger brother, Umar, was acquitted. Both Abbas Ansari and Mansoor were fined Rs 2,000 each.
Following the conviction, the Uttar Pradesh Assembly Secretariat had immediately terminated his membership on June 1 and declared his Mau Assembly seat vacant, invoking Section 8(3) of the Representation of the People Act, 1951. The Secretariat also forwarded a recommendation for a by-election to the Election Commission of India.
The incident which led to Ansari's two-year jail term dates back to March 3, 2022, when he, during a campaign rally at Pahadpur Ground in Mau, had allegedly said: "Those wielding batons today will be held accountable later. I have spoken to future Chief Minister and Samajwadi Party chief Akhilesh Bhaiyya. There will be no transfers or postings for six months after the government is formed. Everyone will have to answer for what they’ve done." Following the remarks, the Election Commission had imposed a 24-hour campaign ban on him.
On April 4, 2022, based on a complaint by then Sub-Inspector Gangaram Bind, an FIR was registered at the City Kotwali police station. Abbas Ansari, his younger brother Umar Ansari, election agent Mansoor, and 150 unidentified individuals were booked. Ansari was booked under Sections 506 (criminal intimidation), 171F (undue influence in elections), 186 (obstructing public servant), 89 (threatening public servant), 53A (promoting enmity), and 120B (criminal conspiracy) of the IPC.
After getting two-year sentence from the Mau MP/MLA court, Ansari moved the Allahabad High Court against the Sessions Court order, filing a revision petition. On July 30, 2025, the bench of Justice Sameer Jain reserved its verdict after hearing arguments, eventually granting relief to the accused on August 20 and restoring his legislative position.
Ansari’s counsel argued that under the Representation of the People Act, his membership should not have been terminated without exhaustion of appellate remedies. The Representation of the People Act mandates immediate disqualification upon conviction with a sentence of two years or more.
Earlier, MPs and MLAs enjoyed a three-month cushion under Section 8(4), but this was struck down by the Supreme Court in the 2013 Lily Thomas vs Union of India judgment.