GAJENDER SINGH Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) This matter is taken up for final disposal with the consent of the parties who are all present.

(2.) The petitioner is a student of the respondent no.3 (College of Vocational Studies), University of Delhi, studying in the second year of the Office Management and Secretarial Practice Course. The petition pertains to the ongoing elections of the Delhi University Students' Union. The petitioner is seeking election as a Member of the Central Council. The petitioner filed the nomination papers for the elections which are to be held on 05.09.2003. He filed the nomination papers with regard to the membership of the Central Council of the Delhi University Students' Union on 21.08.2003. The scrutiny of nomination papers was done on 22.08.2003 at 3.00 p.m. It is the petitioner's allegation that at the time of scrutiny, though the petitioner's nomination papers were not rejected, it was however, decided that the nomination papers be placed before the Students Advisory Committee for ascertaining as to whether the petitioner could be allowed to contest the elections or not. It is further alleged by the petitioner that Prof. Surinder Singh, who was the Convenor of the Union Advisory Committee, informed the petitioner that he cannot allow or disallow the petitioner for contesting the elections as the petitioner had not secured 50% marks in his annual examination of the first year and, therefore, the whole question would also be placed before the Students Advisory Committee for their decision.

(3.) Thereafter, it appears that the petitioner, feeling that his nomination papers may be rejected on the ground that he does not fulfil the norms imposed by the respondent no.3 of having secured at least 50 % marks in the annual examination, filed a representation with the Chief Election Officer, Delhi University Students Elections: 2003-2004. On the basis of that representation received by the Chief Election Officer, the latter sent a reply to the principal of respondent no.3 as under:-