LAWS(RAJ)-2019-8-281

SAURABH BHAKAR Vs. UNIVERSITY OF RAJASTHAN

Decided On August 20, 2019
Saurabh Bhakar Appellant
V/S
UNIVERSITY OF RAJASTHAN Respondents

JUDGEMENT

(1.) The petitioner is aggrieved of being denied his purported right to contest the Rajasthan University Students' Union, (RUSU) Elections 2019.

(2.) The petitioner was admitted in Part-I of the Three Year LLB Course with the University of Rajasthan (hereafter 'the University') in the Academic Year 2016-2017 and after having been successful in Part-I and II examination, he was admitted to the Part-III of Three Year LLB course in the Academic Session 2018-19. At the end of the academic year, the petitioner wrote the Part-III LLB Examination. Result thereof was declared on 7/8/2019 where he obtained a supplementary having failed in two papers of Part-III LLB Course i.e. Code of Civil Procedure and Lim./Practical-Written Paper-Drafting. He abandoned the LLB Course and took admission into the M.A. (Centre for Rajasthan Studies) Part-1st (Semester) in the Academic Year 2019-20.

(3.) Elections to the post of office-bearers of the RUSU, 2019 was notified on 19/8/2019. The petitioner prior thereto under his application dtd. 14/8/2019 to the Returning Officer for the election in issue sought clarification as to whether he was eligible to contest the elections to the post of an office-bearer of the RUSU, 2019 in view of the fact that he had abandoned the Three Year LLB Course following his supplementary result in the Part- III examination. Vide letter dtd. 16/8/2019, the Chief Election Officer, RUSU Election, 2019 informed the petitioner that the Interpretation Committee, RUSU Elections 2019 having considered his eligibility to participate in the election to a post of an office bearer found that he was not eligible as per the Clause 20 (c) of Chapter-IV: (Disqualifications) of the Constitution of the RUSU, 2017.