ALOK KUMAR SINGH Vs. MAHATMA GANDHI KASHI VIDYAPEETH

JUDGEMENT

(1.) The petitioner - Alok Kumar Singh claims himself to be a regular student of M.A. Final Year of the Respondent No. 2 - College which is affiliated to the Respondent No. 1 - University.

(2.) On an announcement of the election programme of the Students' Union Election, the petitioner filed his nomination on 5th October, 2012 for the post of President. The election rules have been codified contained in Chapter XIII of the Ordinances framed by the respondent - University. The proposed rules as relied on by the petitioner have now been transformed into a permanent code which have been incorporated in the ordinances of the University as indicated above. A copy of the said Students' Union Rules has been tendered by Sri Vivek Verma, learned counsel for the petitioner and reliance has been placed on a recent decision of this Court in the case of Vishal Yadav and another Vs. State of U.P. and others writ petition No. 51542 of 2012 decided on 5.10.2012.

(3.) The relevant ordinance on which the submissions have been raised is 4.v.9 which clearly requires that a candidate should not have any criminal antecedents which according to the said ordinance means that the candidate should not have faced any trial in the past nor any case should be pending against him at the time of nomination or thereafter. The rule further provides that the candidate should not be convicted in any criminal case nor should he have a background of any disciplinary proceedings initiated by the University or the College. A candidate would be disqualified and ineligible for contesting elections if he suffers from the aforesaid ineligibility conditions.