MUKESH KUMAR BHAKAR Vs. UNIVERSITY OF RAJASTHAN

JUDGEMENT

(1.) The petitioner, in the writ petition, has questioned the constitutional validity of Article 15(c) of the Constitution of the Rajasthan University Students' Union, 2010 (hereinafter referred to as 'Constitution of the Students Union') imposing restriction that the candidate can contest the election only once for any post of the offence bearers in the same Students' Union. The facts in short are that the petitioner has claimed himself to be the student of LL.B. 1st Year, University Law College, University of Rajasthan, Jaipur. He was admitted in the University in the year 2005. He has done Post Graduate studies in Sociology. The petitioner had contested election for the post of President, Rajasthan University Students Union in the year 2010 and was declared unsuccessful. He applied for recounting of the votes, but recounting was not done.

(2.) It is further averred that the University of Rajasthan has framed the Constitution of the Students Union. It was not published for public notice. The Constitution was approved by the Syndicate on 22.7.2010. Article 6 of the Constitution of the Students' Union provides that there shall be one Union at the University level of all the students of the PG Departments/Units. Article 15(c) of the Constitution of the Students' Union provides that there shall be one Union at the University level of all the students of the PG Departments/Units. Article 15(c) of the Constitution of the Students Union imposes restriction on number of attempts to contest election. Provision has been made that the students shall not be allowed to contest the election for more than one post at a time and more than once for any post of the offence bearers of the same Union any time and not more than twice for the post of Executive Member.

(3.) It is submitted by the petitioner that the restriction on number of chances to contest election is unreasonable. Classification made is artificial and does not have any nexus with the objectives sought to be achieved. The same is based upon the letter dated 25.6.2010 issued by the State of Rajasthan which was addressed to all the Registrars of all the public Universities and to the Commissioner of College Education with respect to elections of Students' Union in different Universities and Colleges in which reference of Lyngdoh Committee's recommendations and acceptance of the same as directed by the Hon'ble Supreme Court has been made. Direction was issued to the Universities to ensure that the elections of the Students' Union are conducted only in accordance with the recommendations of the Lyngdoh Committee. The decision of the Apex Court in the matter of University of Kerala (1) vs. Council, Principals Colleges, Kerala & Ors., 2006 8 SCC 304 has been referred to the Larger Bench and the reference is pending.