VIVEKANAND PATHAK Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) Heard learned counsel for the petitioner, Sri Abhishek Rai and Sri A.K. Goyal for the respondent Nos. 2, 3 and 4, and Sri Kasif Zaidi for the respondent No. 1. The respondent University is a Central University. Regulations for the conduct of Students' Union Election known as the Code of Election, 2012 have been framed. The petitioner has come up assailing the action of the University as also challenging Paragraph 1 of the eligibility criteria of the said Code which prescribes the cut off date for computing the age of a contestant. The said provision clearly indicates that the age of a candidate has to be computed on the date of filing of the nomination. Admittedly the last date for nominations according to the University is 24th September, 2012. The petitioner has also admittedly become 25 years of age on 11th July, 2012 and is a postgraduate student. Accordingly, the petitioner becomes disqualified for contesting the elections as on the date of nomination he would be above 25 years of age.

(2.) To advance his submissions learned counsel for the petitioner takes the help of Guidelines No. 6.4.2 that has been adopted by the Apex Court in the case of University of Kerala v. Council. Principals Colleges Kerala and others,2008 8 SCC 304 to contend that elections have to be held within 6 to 8 weeks of the date of commencement of the Academic Session.

(3.) Learned counsel submits that the Academic Session of the petitioner had already commenced in July, 2011 and had the elections been held within 6 to 8 weeks of such session, the petitioner would have been entitled to contest the elections. It is the delay in the holding of the elections that has resulted in the disqualification of the petitioner and, therefore, by way of a necessary fiction the petitioner's claim to contest the election even after crossing the age of 25 years should be construed to be within the eligibility zone as defined therein.