RAGHUNATH DWIVEDI Vs. UNION OF INDIA

JUDGEMENT

(1.) Subject matter of impunment In the instant petition is the election held for electing the President of Allahabad University (Students Union) for the academic year 2005-2006. By way of the present petition, the petitioner has assailed the aforesaid election and also the impugned order of the election tribunal dated 30.4.2006 and prayed for the reliefs of a writ of mandamus directing the University authorities to declare the candidature of Opp. Party No. 9 as illegal and tainted with misrepresentation, and fraud attended with further prayer for a writ of mandamus commanding Vice Chancellor to decide the petitioner's representation dated 27.3.2006 and 3.5.2006 which was filed canvassing the validity of admission of the petitioner for the year 2002-2003 and 2003-2004 in M.A. Philosophy Allahabad University vis-a-vis migration certificate obtained by the respondent No. 9 subsequent to admission in Veer Bahadur Singh Poorvanchal University.

(2.) A brief resume of necessary facts culled out from the record is that in the election held for electing President of Allahabad University Student Union held for the academic year 2005-2006 the result of which was announced on 9.12.2005, Ajit Kumar Yadav, arrayed as respondent No. 9 was declared elected having secured the highest votes i.e. 1961 as against 1851 votes polled by the petitioner. The said election was assailed by the petitioner before the Election Tribunal Allahabad university (Student Union) through Returning officer. The election petition filed by the petitioner culminated in being dismissed by the Election Tribunal consisting of its chairman-Justice R.B. Mehrotra and other members vide impugned order dated 30.4.2006. It is in this backdrop that the petitioner has filed the instant petition assailing the order dated 30.4.2006 passed by Election Tribunal.

(3.) I have heard learned Counsel for the petitioner as also learned Counsel for the Opp. Party No. 9 as well as Sri P.S. Baghel learned Counsel appearing for the University at a prolix length.