ARJUN CHANDRA DAS Vs. RANJIT OJA

JUDGEMENT

(1.) This revision petition has been filed against the impugned judgment dated 7-12-1994 passed by the District Judge, Barpeta in Misc. Appeal No. 16/94 dismissing the appeal and upholding the ad interim injunction granted by the Assistant District Judge, Barpeta in Misc. (J) No. 69 / 94 dated 19-1 1-1994 arising out of Title Suit No. 58/94.

(2.) The opposite party as plaintiff filed the above mentioned title suit for a decree that the cancellation of nomination paper filed by the petitioner for election of General Secretary of M. C. College Students Union Barpeta was illegal and for declaration that his nomination paper is valid along with an application for permanent injunction restraining the college authority/ the opposite party defendants from holding election for the post of General Secretary of the Students Union on the basis of acceptance of other nomination papers and cancellation of nomination paper on 16-11-1994.

(3.) the case in brief is that under the provisions of the Constitution, namely, Madhav Choudhury College Student Union Constitution (for short the Constitution) the Executive Body of the Student Union is constituted every year. Clause 9 of the said Constitution provides for election of office bearers of the Student Union and accordingly like other previous year the Principal of the college, petitioner No. 1, issued notice dated 9-11-1994 notifying the date of election of the Union as on 21-11-1994 and constituted the Election Board and appellate body for smooth conduct of the election. The petitioner No. 2, who have been made the Election Officer, issued notice dated 15-11-1994 stating the Rules and Procedure for holding election for the Student Union. The petitioners Nos. 3 to 7 have been made the Election Officers and petitioners Nos. 8, 9 and 10 have been made members of the appellate body. As per the said notice, the last date for submitting nomination papers was 16-11-1994 at 12 noon and time for scrutiny was fixed at 1.30 PM on the same day and 12 noon of 17-11-1994 was fixed for scrutiny of nomination papers etc. (Annexure IV to the petition).