VIPIN MISRA Vs. STATE OF U P

JUDGEMENT

(1.) VINEET Saran, J. These are two writ petitions challenging the election of the Students Union and the orders whereby nomination of the petitioners for contesting the Students' Union election have been rejected. On a special mention having been made by the learned Counsel for the petitioners in both the writ petitions that the elections of the Students' Union are scheduled for 14-11-2006 i. e. tomorrow, both the writ petition have been taken up today on the ground of urgency.

(2.) CIVIL Misc. Writ Petition No. 62105 of 2006 has been filed by Manish Misra and Vipin Misra with the following prayers: " (i) issue a writ, order or direction in the nature of certiorari to quash the impugned order dated 16-10- 2006 issued by the respondent No. 5. The election officer Kanhaiya Lal Basant Lal Post Graduate College Mirzapur (Annexure-5 to the writ petition); (ii) issue a writ, order or direction in the nature of mandamus commanding the respondents not to hold the election of the Student Union scheduled for 14-11-2006; (iii) issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case; (iv) to award the costs of the petition to the petitioner"

(3.) THE submission of Sri Rajeev Misra, learned Counsel is that as per the order dated 9-9-2000 the elections of Students Union of a college for the academic session are to be held before 30th September and as such the elections of the college scheduled to be held on 14-11-2006 would be against the terms of the said order. Sri Vishnu Sahai, learned Counsel appearing for Vipin Misra, (who is the sole petitioner in the first writ petition and Petitioner No. 2 in the second writ petition) has challenged the order whereby the nomination of Vipin Misra has been rejected on the ground of his involvement in criminal cases. He has also challenged the clause in the bye-laws/rules whereby a student involved or convicted in criminal case would not be permitted to contest the Student's Union election.