Case :- WRIT - C No. - 64753 of 2013 Petitioner :- Kapil Yadav Respondent :- Union Of India & 4 Ors. Counsel for Petitioner :- Sushil Kumar Srivastava,Pranav Kumar Srivastava,Shailendra Counsel for Respondent :- A.S.G.I.,Ram Gopal Tripathi Honble Arvind Kumar Tripathi,J. The present writ petition was placed before this Court on direction of Honble The Chief Justice, which was taken up after lunch. Since there was no notice to counsel for the University hence again the case was taken up about 4.00 P.M. Since tomorrow is the date fixed for polling hence counsel for the University was asked to obtain instruction and it was directed to put up the matter again in chamber at 5.30 P.M. Heard learned counsel for the petitioner, Mr. Ram Gopal Tripathi and Mr. Amrendra Pratap Singh, learned counsel appearing on behalf of University and perused the record. Case of the petitioner is that he is a regular student of Master of Development Studies (MDS) in the University of Allahabad, who was duly admitted for the said course for the academic year 2013-14. The students union election for the sessions 2013-14 of the alleged university was notified in the month of October, 2013. The election programme was declared according to election programme, annexure 4 to the writ petition, 18-19th November, 2013 was the date fixed for sale of nomination form, 21.11.2013 was for announcement of the tentative list of the candidates at 4.00 P.M. and thereafter objection was to be filed before the returning officer/his nominee from 4.00 P.M. to 5.30 P.M. 22.11.2013 was the date fixed for scrutiny of the nomination forms, 23.11.2013 was the date fixed for withdrawal of the nomination, if any between 2. 00 P.M. to 4.00 P.M. and the announcement of the final list of valid candidate on the same day at 5.30 P.M. However, final list was not declared by 5.30 P.M. on 23.11.2013, 24-25.11.2013 was the date fixed for canvassing according to rules and instructions and 26.11.2013 has been fixed for polling from 8.00 A.M. to 2.00 P.M. and thereafter, counting and declaration of the result. 27.11.2013 is the date fixed for oath taking ceremony at 10.00 A.M. at Allahabad University Union Hall. He further submitted that instead of 23.11.2013 the final list was announced on yesterday i.e. 24.11.2013 and petitioner was informed that his candidature has been cancelled on the ground that admission in M.A.-1 (M.D.S.) has been cancelled, who has filed nomination for contesting election on the post of President of the students union of University of Allahabad. He further submitted that with mala fide intention purposely the admission in M.A.-I (M.D.S.) was cancelled so the petitioner could not contest the election and apart from that the list was not finalised by 5.30 P.M. on 23.11.2013 instead of that the list was notified after 4.00 P.M. on 24.11.2013. Hence the entire election process is vitiated and the programme of polling is liable to be quashed or postponed till objection for candidature of petitioner is decided. Learned counsel for the University submitted that for the academic session 2013-14 petitioner applied for admission in Master of Development Studies (MDS) in which affidavit was given that he had not appeared and passed examination of M.A.� Complaint was made on 20/22.11.2013 on which inquiry was made and as per report it was found that in the affidavit this fact was concealed that he has passed the post graduate course from the Allahabad University though he has passed the M.A. (Anthropology) in the year 2013 and as such after receiving the report from the Controller of Examination University of Allahabad on 24.11.2013 his admission was cancelled by the Coordinator and Chairman, Admission Committee on 24.11.2013 itself. Since his admission has already been cancelled hence he was not eligible to contest the election for the post of President and as such rightly his candidature was cancelled. He further submitted that time be allowed for filing counter affidavit and since the election process has already been started and tomorrow is the date fixed for polling as such the election process be allowed to continue. The petitioner will have remedy to challenged the result of the election. From perusal of the record produced by the counsel for the University it is clear that on 20.11.2013 the certificate was issued by the Head / Deen, Department of Faculty University, Allahabad to the effect that the petitioner was enrolled in M.D.S. first semester on 26.11.2013. From perusal of the report dated 24.11.2013 of the Controller of Examination, University of Allahabad, the petitioner has passed the M.A. (Anthropology) in the year 2013-14 in II Division, on the basis of that report dated 24.11.2013 it appears that the admission of the petitioner in M.D.S. Programme for the year 2013-14 was cancelled by the Coordinator/Chairman, Election Committee on 25.11.2013 because there is a overwriting and on 25.11.2013 subsequently it was corrected as 24.11.2013. Hence it appears that before the admission was cancelled the candidature of the petitioner was cancelled on 24.11.2013. These factual aspects are required to be decided after giving opportunity for filing counter affidavit and explaining to justify the cancellation of the admission and candidature. However, in view of the facts and circumstances, it is clear that the list of the candidate was not finalised by 5.30 P.M. on 23.11.2013 rather it was notified by 4.00 P.M. on 24.11.2013 hence in view of the facts, the counsel for the University is permitted to seek instruction whether students, who have passed M.A. examination, are eligible for admission in the Master of Development Studies (MDS), which is a professional course or not. He will seek instruction and file counter affidavit. On his request two days time is allowed to file counter affidavit by 27.11.2013, thereafter, rejoinder affidavit may be filed by the date fixed. Put up this petition on 29.11.2013 before the appropriate/regular Court. In the meantime, it is open for the authority concerned to permit or not to permit the petitioner to contest the election, however, since tomorrow is the date fixed hence election process will go on but the counting and declaration of the result shall remain stayed till the next date of listing. Let a copy of this order be supplied to learned counsel for the parties today. The copy may be supplied to learned counsel for the University, free of cost, for follow up action. Order Date :- 25.11.2013
Posted on: Fri, 29 Nov 2013 18:52:10 +0000
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