ABHISHEK SINGH Vs. UNION OF INDIA & ORS
LAWS(ALL)-2013-10-309
HIGH COURT OF ALLAHABAD
Decided on October 10,2013

ABHISHEK SINGH Appellant
VERSUS
Union of India And Ors Respondents

JUDGEMENT

- (1.) The petitioner, who had contested the Students Union Election of the Allahabad University for the post of President in the Academic Session 2012-13, has filed this petition to claim the following reliefs:- "a) issue a writ, order or direction in the nature of mandamus directing the respondent authorities to complete the further action in view of the judgment of this Hon'ble Court dated 24.4.2013 in Writ Petition No.3347 of 2013, either holding by-election or declaring the person at serial no.2 in the earlier election dated 29.9.2012 to hold the post of President in view of the judgment of this Hon'ble Court. b) issue a writ, order or direction in the nature of mandamus directing the respondent authorities to decide the issue of the post of President and take a decision on the representation made by the petitioner, i.e. last representation made on 4.9.2013 after the writ petition was allowed and the special appeal was dismissed. The respondents may be directed to take a decision within time period fixed by this Hon'ble Court, however, before proceeding fresh election for next session."
(2.) It is stated that the Students Union Election was held on 29th September, 2012 for the Academic Session 2012-13 in which Dinesh Singh Yadav, who was not even eligible to contest the election for the post of President, also filed nomination paper which was accepted and he was declared elected while the petitioner was placed at serial no.2 as he secured second highest number of votes.
(3.) The petitioner had earlier filed Writ Petition No.3347 of 2013 for setting aside the election of Dinesh Singh Yadav as the President of the Students Union and the Court, after recording a finding that Dinesh Singh Yadav was disqualified from contesting the election under the University of Allahabad Students Union (Code of Election) Regulations, 2012 (hereinafter referred to as the 'Regulations'), set aside his election as President of Students Union and the three Special Appeals filed to assail this judgment were dismissed in July/August 2013. It is further stated that the petitioner filed representations dated 10th June, 2013 and 22nd June, 2013 to the Vice Chancellor of the University that since election of Dinesh Singh Yadav had been set aside by the Court, the petitioner who was placed at serial no.2 should be declared elected on the post of President. These representations were followed by representation dated 4th September, 2013 but no decision has been taken by the Vice Chancellor of the University on these representations.;


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