BRAHMA BAKSH SINGH GOPAL Vs. UNIVERSITY OF LUCKNOW

JUDGEMENT

(1.) AMARBIR Singh Gill, J. The petitioner assails order dated 19th June, 1999 of the Vice-Chancellor, Lucknow University by which election of the petitioner as present of the Lucknow University Students' Union has been set aside.

(2.) THE election process of Lucknow University Students' Union (in brief Students' Union) for session 1998-99 was initiated by notification. The petitioner submitted his nomination papers for the office of President on 7th May, 1999. THE scrutiny of the nomination papers was conducted on 8th/9th May, 1999 and the petitioner's name figured in the list of eligible candidates for contesting the election. The election was held on 15th May, 1999 and the counting of the votes was completed by mid-night of the same date. The petitioner scored highest number of votes and defeated his nearest rival, opposite party No. 4, Sri Daya Shankar Singh by margin of 216 votes. The Vice- Chancellor issued notification declaring the results of the election on 16th May, 1999. However, the election of the petitioner as President was mentioned as subject to decision on the complaint filed by Daya Shanker Singh, opposite party No. 4. The petitioner challenged the conditional declaration of his result as President by way of Writ Petition No. 2264 (M/b) of 1999 (connected writ petition) seeking a relief of quashing of the condition imposed in the declaration of his election as President and for allowing him to discharge his functions as President of the Students' Union. Subsequently by the impugned order dated 19th June, 1999 as contained in Annexure 1 to the writ petition, the opposite party No. 2, Vice-Chancellor of the University set aside the petitioner election as President and declared the opposite party No. 4 Daya Shankar Singh as President of the Students' Union. The petitioner then filed the instant writ petition against the order of the Vice-Chancellor (Annexure 1 ).

(3.) IN his separate counter affidavit, Sri Daya Shankar Singh, opposite party No. 4, has supported the impugned order of the Vice-Chancellor dated 19th June, 1999 and has asserted that the petitioner was not a regular student of the University and as such was ineligible to contest any election in the University Students'union.