Justices Amreshwar Pratap Sahi and Attaur Rahman Masoodi of the Lucknow bench of the HC issued the order on December 21 on the petition pending since 2014 challenging Khan's Assembly membership and his position as minister because he allegedly holds an office of profit by virtue of being the Chancellor of Maulana Jauhar Ali University at Rampur.
The petitioner's counsel Ashok Pandey said the notice was issued to Khan last year in the matter, but no one appeared on his behalf and no reply was filed within the time stipulated by the court.
The Registrar of the university had filed counter affidavit saying that Khan was not taking any salary or allowance from the university, Pandey said.
The court ordered that the petitioners may file their response to the same by the next date of hearing and that it shall proceed ex-parte against Azam.
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