- (1.) Heard Sri H.N. Singh, learned counsel for the petitioner, who is a student of M.A. Previous Political Science of Satish Chand College, Ballia, and he has filed his nomination for contesting the elections of the post of President of the Students Union of the said College which is scheduled to be held on 14.10.2012. The nomination of the petitioner has been rejected on the ground that he is involved in a criminal case. Sri H.N. Singh contends that this rejection is not based on a correct interpretation of paras 6. 5.7 of Lyngdoh Committee report and further he relies on the proposed Ordinances of respondent No. 2 - University to contend that the same has been erroneously incorporated in the election notification programme and, therefore, the rejection of the nomination is invalid.
(2.) On facts, it is undisputed that a charge-sheet has been submitted against the petitioner in case Crime No. 786 of 2011 under Section 323/504/506, I.P.C.
(3.) Sri Singh submits that this appears to have been done on an investigation having been carried out on an order passed in an application under Section 156(3), Cr.P.C. He, therefore, submits that in essence, there is no criminal case pending in terms of the aforesaid para 6. 5.7 of the Lyngdoh Committee report so as to disqualify the petitioner from contesting the elections. Sri Singh contends that the petitioner has neither been tried nor convicted and in the circumstances attribution of disqualification is unjustified.;