DEVRAJ GALAV Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) HEARD the learned Counsel for Petitioner.

(2.) PETITIONER , in this writ petition, has challenged Clause 8(vii) of the Guidelines dated 25.06.2010 issued by the Education(Group -4) Department, Government of Rajasthan, imposing restriction that a candidate will not be eligible for contesting election of Students' Union, if he has a previous criminal record.

(3.) IT is further contended that a criminal case was registered against the Petitioner at Police Station Kotwali, Baran and trial is going on against the Petitioner in the trial Court. Although, there is no evidence against the Petitioner, but he will not be eligible to contest the election of Students' Union because of pendency of criminal case against him, therefore, Clause/Condition No. 8(vii) of the Guidelines may be declared as illegal and ultra -vires to the provisions of Article 19(1)(c) of the Constitution of India.