AVINASH CHAUDHARY Vs. PRINCIPAL SK COLLEGE SIKAR

JUDGEMENT

(1.) THE petitioner who is a student of Sri Kalyan College, Sikar has come up before this Court by way of instant writ petition and has prayed two fold relief thus:- (1) direction be issued to the respondents by way of an appropriate writ or order to let the petitioner continue as President of the Sri Kalyan College, Sikar for the session 1998-99; (2) the impugned-order dated 15. 1. 1999 (Annexure-6) by which the petitioner was not permitted to continue as President of the students' union of the said college be also quashed and set-aside.

(2.) THE facts which are relevant for deciding the present writ petition briefly stated are that the petitioner after having sought admission in Ist Year of LLB course conducted by the Rajasthan University, Jaipur decided to dis-continue the said course and took admission in MA (Previous) of the said University after depositing the requisite fee for the same on 6. 11. 1998. Since the petitioner was desirous to contest the election of the President of Students' Union, he filed nomination form to participate in the students' union election for the academic year 1998-99 which were held on 19. 12. 1998. THE result of the election was declared on the same day i. e. 19. 12. 1998 itself and the petitioner was declared as President of Students' Union of the said institution. It is pertinent to mention that the petitioner was elected as an independent candidate while other elected representatives were supportive candidates of the Students' Federation of India. THE Students' Federation of India had supported those candidates who had regularly been elected for the past 20 years in the said college. It was first time when the petitioner was elected as an independent candidate without support of any party. THE elected representatives gave a representation to the Principal of the aforesaid college stating therein that the petitioner had given an affidavit on oath concealing the facts which are sufficient to debar the petitioner from being elected as a President of the Students' Union.

(3.) IN pursuance of the show cause notice issued by this Court, the respondents have filed reply to the writ petition contending inter-alia that at the time of filing the nomination form, the petitioner had also furnished an affidavit to the effect that if he is declared unsuccessful in the examination or regular admission is not given or on cancellation of admission, his election may be automatically treated to be cancelled.