A. K. Yog, J. - (1.) -The petitioner, during pendency of the present writ petition (Public Interest Litigation relating to 'ecology' and 'environment' of the City of Allahabad) has filed Civil Miscellaneous Supplementary Application, dated 6.3.2006 raising issue of 'public-nuisance'-as a consequence of use of 'Loud Speakers' beyond permissible 'volume' and damage/defacement of buildings/ boundary walls, public-boards. Traffic-indicators, Electric Poles, Vehicles etc., both inside/outside educational institutions during 'Union Elections' of the students in the City. It refers to an Article published in March 2006 issue of 'Pratiyogita Darpan' (Annexure-S/A-2 to the said Application) questioning relevance of existence of 'Students' Union' in Colleges and Universities in view of the (their up-to-date experience and their past 'track-record'.
(2.) EVEN before application dated 6.3.2006 was filed this Court had taken cognizance of the said issue of 'public nuisance' which spoiled the 'Environment' and made the city ugly and irritating. Vide order dated 16.11.2005 this Court issued notices to the Officers/Authorities of the Allahabad University (i.e., Vice Chancellor, Registrar, Dean Students' Welfare, Chief Proctor of the University, the Convenor, Disciplinary Committee, and Ex-President Students' Union, Allahabad University Allahabad. Election Officers of the University, and Principals and Election Officers of the affiliated Colleges (K.P.U.C. Allahabad. Ishwar Sharan Degree College. C.M.P. Degree College. Allahabad) apart from District Magistrate, Senior Superintendent of Police, Allahabad, Circles Officers, In-charge, Police Station Colonelganj, Allahabad to appear in Court and place their stand/view point. All of them have shown their serious concern over the said menace. While they (University and College administration) expressed their earnest desire to check such activities in Students-Union-Elections which are 'Public Nuisance', they have also fairly in express terms conceded that it is beyond their means without having outside support from the State Government and/or the Court. According to them, Political Parties/ Persons in power must exercise self-restraint and avoid to interfere/ intervene in 'disciplinary' matters of Educational institutions. A Bench of this Court (presided by one of us-A. K. Yog, J.) passed the order dated 23.11.2005, a relevant extract of which is reproduced : ".......................... Election Code (in Hindi) purported to have been issued by G. K. Rai, President, Nyasi Mandal, Allahabad University Union Election 2005-06 has been placed before us. From perusing aforesaid Election Code, it is clear that apart from other things, it strictly prohibits placing/fixing or installation and/or walls/ buildings spoiling or damaging hoardings (sign boards). Said Election Code, in other words, places absolute restriction upon defacement / damaging private/ public building and/or any other property/premises of any nature which amounts to public nuisance. Vide judgment and order dated 1.7.2005 given in Writ Petition No. 3799 (M/B) of 2005, Sanjay Gupta v. District Magistrate, Lucknow and others, Division Bench of this Court (Lucknow Bench) passed order to the effect : "We further direct that anyone, who defaces building or boundary wall or for whose benefit it is done-shall be prosecuted and in case of a student, he/she be deemed disqualified in any election of the institution and liable to pay a fine of Rs. 25,000 to the institution for causing public nuisance." .........................................." (italicised to lay emphasis)
(3.) MEANWHILE, Allahabad University Students' Union Election 2005-06 were held and its result declared. Elected office bearers of Allahabad University Students Union submitted certain suggestions which were noted in our order dated 6.3.2006, as follows : "Shri Ajeet Kumar Yadav, President, Shri Brijendra Vice-President, Shri Suresh Chandra Yadav, General Secretary, Ms. Kalpna, Publication Minister and Bihari Lal Ambar, Joint Secretary of the Students Union of Allahabad University have given two written statements dated 6.3.2006 jointly signed by them.............There office-bearers, however, unmistakably deprecate Hoardings, Banners, Placards, Posters, Wall writings inside or outside University............Object for which provision was made to have 'Students Union' has been frustrated and their existence is proving counter-productive to academics. Professor G. K. Rai, Chairman, Allahabad University Students Union Trust Board, candidly stated before this Court : "There elections have become source of nuisance to the citizens, in the city and academic atmosphere of the University and Colleges completely collapsed due to it. 'Union' has been and should be an essential part of the University, the necessary corrective measures cannot be taken by the University Administration alone or by teachers ; it must be a joint initiative of students, teachers, University Administration, District Administration as well as Hon'ble Courts. The constitution of the Union requires change and improvement" (italicised to lay emphasis) These Student Leaders (namely Ajit Kumar Yadav. Brijendra Kumar Mishra, Bihari Lal Ambar, Suresh Chandra Yadav, and Kalpana) present in Court, confessed that pasting posters, writing on buildings, use of loud-speakers, students' processions, Torch/Mashal inside or outside educational institutions cannot be justified or approved. For ready reference, we quote below relevant extracts of their ?oint statement/declaration. ...[VERNACULAR TEXT OMMITED]...;