- (1.) S. N. Srivastava, J. Heard learned Counsel for the petitioner and learned Counsel for Deen Dayal Upadhyay Gorakhpur University as well as learned Standing Counsel and perused the materials on record.
(2.) ON the consent of learned Counsel for the parties, this writ petition is being disposed of finally. From the materials on record, it transpires that according to the directions contained in the judgment of the Apex Court in University of Kerala v. Council, Principals', Colleges, Kerala & Ors. , Deen Dayal Upadhyay Gorakhpur University, Gorakhpur, has framed Ordinance and in accordance with the newly enforced Ordinance, namely, Deen Dayal Upadhyay Gorakhpur University, Gorakhpur Students' Union Ordinance, election proceedings were initiated and election programme was published, nomination papers were filed and accepted on 4th December, 2006. It further appears from the record that at the time of scrutiny of nomination papers of the candidates, it was found that some candidates have criminal history and the trial is going on, but they have filed their nomination papers alongwith an affidavit to the contrary. It further appears that some dispute arose on this issue and University sought legal opinion from its Counsel. It also appears that on 7th December, 2006, University also sought legal opinion of the Learned Advocate General, Uttar Pradesh, but it appears that the opinion has not been given so far to the University by the learned Advocate General. Considered arguments of learned Counsel for the parties and the relevant provisions under the Ordinance as well as the directions contained In the judgment of the Apex Court (supra ).
(3.) THE Apex Court in Paragraph 6. 5. 7. of the judgment has clearly directed that a candidate shall not have a previous criminal record, that is to say he should not have been tried and/or convicted of any criminal offence or misdemeanour. Paragraph 6. 5. 7. of the judgment is being reproduced below: "6. 5. 7. THE candidate shall not have a previous criminal record, that is to say he should not have been tried and/or convicted of any criminal offence or misdemeanour. THE candidate shall also not have been subject to any disciplinary action by the university authorities. " Similar is the provision of Section 11 (Aa) (iii) of the Ordinance of Deen Deen Dayal Upadhyay Gorakhpur University, Gorakhpur enforced by the University.;