RAGHUNATH DWIVEDI Vs. VICE CHANCELLOR UNIVERSITY OF ALLAHABAD

JUDGEMENT

(1.) In this Special appeal legality of the order dated 16-5-1995, passed by the learned Single Judge, in Civil Misc. Writ Petition No. 5706 of 1995 has been questioned.reported in 1996 All LJ 230

(2.) Facts, in brief, giving rise to this appeal are that on 31-1-1995 a notice was given for holding elections to elect the office-bearers of the students Union of Allahabad University. By this notice, 24-2-1995 was fixed for holding election. However, this date was subsequently changed under the order of this Court and 25-2-1995 was fixed for election. Petitioner appellant herein and respondent no. 5 were candidates for the post of Vice President in this election apart from some others. As per schedule, the election took place on 25-2-1995. However, on account of soma disturbances in four polling stations, repolling was directed to take place on 26-2-1995. Counting of the votes started in the evening of 26-2-1995, which was completed in the night of 26/27-2-1995. After counting was over, the Returning Officer declared the results. Appellant was declared elected for the post of Vice President. In this counting it was found that the votes polled by the appellant were 1964 and the votes polled by respondent no. 5 were 1947. Thus, the appellant was declared elected by a margin of 17 votes. After declaration of the result all the office-bearers elected were administered oath on 27-2-1995. However, it appears that respondent no. 5 moved an application before the Vice-Chancellor on 27-2-1995 questioning the election of the appellant. On this application the Vice Chancellor passed the following order :-

(3.) It is alleged that same day, i.e. on 27-2-1995, meeting of the members of the Judicial Committee took place and considered the application of respondent no. 5 and allowed it and gave their decision for recounting of the votes in respect of the office of Vice President. By this order the Judicial Committee also declared the entire oath taking ceremony as illegal. A copy of the decision of the Judicial Committee was sent to the Vice Chancellor who on 28-2-1995 directed the Chairman of the Board of Trustees and the Returning Officer to hold re-ccounting at 2.00 P.M. same day. In recounting respondent No. 5 was declared elected having polled 1980 votes whereas the appellant has been shown to have polled 1875 votes. Aggrieved by the aforesaid action, the appellant filed Writ Petition No. 5706 of 1995 and prayed that the election result for the post of Vice President declared on 1-3-1995 in favour of respondent no. 5 be quashed and a direction may be issued restraining respondent no. 5 from functioning as Vice President. It was also prayed that respondent authorities may be restrained from interfering in petitioner-appellant's functioning as Vice President from which he was declared elected and was administered oath on 27-2-1995.