HIMADRI SEKHAR BISWAS Vs. BEHALA COLLEGE

JUDGEMENT

(1.) The three writ petitioners are students of the first respondent (a college). By this writ petition they seek a writ of mandamus commanding the second respondent, the principal of the college, to rescind the election notice dated February 10th, 2005, and the notice fixing the election programme dated February 15th, 2005.

(2.) There is no dispute that the election of class representatives to form the students' union, 2005 is held in terms of the constitution of the students' union of the college; and that such constitution has no force of law.

(3.) Counsel for the petitioners argues that the steps taken by the principal for holding the election have public law element and public character with an imprint of public interest. In support of such contention he cites to me the apex Court decisions in L/C of India v. Consumer Education & Reserarch Centre, AIR 1985 SC 1811 (para 28), and Union of India v. S. B. Vohra, (2004)2 SCC 150 (paras 13, 22 and 25).