During the public meeting Khan used words which offended some people and a probe was underway.
Several women offended by Khan's statement had lodged a complaint against him with the recorded audio, police said.
However, while going through the roughest patch in his political and personal life, Azam Khan is facing the exodus of his loyalists from the party in Rampur ahead of bypoll.
Following the Rampur Sadar seat being declared vacant, the Election Commission had scheduled the by-poll along with Mainpuri Lok Sabha and Khatauli Assembly seats on December 5.
Chandrachud also slammed the UP government and EC for disqualifying Khan and declaring his seat as vacant without giving him time to approach the appellate court.
The Supreme Court said the Election Commission can issue the notification for the by-poll on or after November 11 once the sessions court decides on Khan's plea.
Justice BV Nagarathna in her separate judgement said, ”I find that the acceptance of the nomination of the appellantsuccessful candidate was improper.
Khan was disqualified by the UP Legislative Assembly a day after being convicted for hate speech by MP/MLA court.
SP chief Akhilesh Yadav was huddled with the senior party leaders in Lucknow on Monday to decide on the strategy and deliberate over the possible faces to be fielded in the two constituencies.
The case relates to the existence of two birth certificates of Abdullah Azam, who allegedly gave a wrong date of birth while filing his nomination papers for the 2017 poll.
The notification declaring the Khatauli seat vacant by the Vidhan Sabha secretariat would be issued soon, Khanna had said.
Azam Khan's conviction and his disqualification from the Assembly came as a major jolt for his party just before the upcoming urban local body polls due this year-end and 2024 Lok Sabha elections.
If Azam Khan gets a stay order from the higher court against his conviction, his disqualification would not be revoked but he would be able to contest the by-election from Rampur, say legal experts.
The SP leader was accused of seeking votes on religious lines while using objectionable language against his Congress rival and the then Rampur DM whom he had accused of turning Rampur into hell.
Four security personnel deployed for the security of Azam Khan and Abdullah Azam have now returned back to Rampur from Delhi where the former has been admitted to Sir Gangaram Hospital for treatment.
Special Additional Chief Judicial Magistrate AK Srivastava passed the order on the discharge application filed by Khan.
Azam Khan, his wife Tazeen Fatima and his son Abdullah Azam Khan were sent to jail in a criminal case registered against them.
The top court disposed of the pleas, including the appeal filed by Khan against the May 10 order of the high court.
They are likely to be questioned in connection with the transfer of large sums of money for the construction of Mohammad Ali Jauhar University.
He alleged things were made difficult for him in the jail so as to force him to commit suicide or kneel before the government but he did not do so.