- (1.) RAKESH Tiwari, J. Heard Sri M. A. Qadeer, learned Senior Counsel assisted by Sri Ateeq Ahmad Khan, learned Counsel for the petitioner, learned Standing Counsel for the respondents and perused the record.
(2.) THE petitioner was declared elected as President of the Union of D. B. S. College Students Union Election 2007-08, Kanpur. He was administered oath of office. THEreafter on 30. 8. 2007 the petitioner was called upon to submit his explanation within 3 days by respondent No. 2 to the objections mentioned as point Nos. 1, 2 and 3 in the notice which were similar to the objections as were re ceived at the time of finalization of the candidature of the petitioner. THE petitioner submitted his reply/explanation on 1. 9. 2007. THEreafter he was called upon by the Committee to give his explanation. As the matter had remained unactioned and no decision had been taken by the Committee on the explanation submitted by the petitioner pursuant to the aforesaid notice, the petitioner filed Writ Petition No. 44505 of 2007 which was disposed of vide judgment and order dated 3. 10. 2007 directing the authority concerned to take final decision in the matter. The grievance of the petitioner is that after the aforesaid order and judg ment dated 3. 10. 2007 he was served with an undated notice from the Principal of the College informing him that the Grievance Redressal Committee had taken a decision declaring the election of the petitioner as null and void. The petitioner also submitted his appeal on 31. 10. 2007 against the decision declaring his elec tions null and void which was also rejected vide order dated 1. 11. 2007. In the aforesaid backdrop the petitioner has come up in this writ petition for quashing the undated letter issued by respondent No. 4 appended as Annexure-12 to the writ petition declaring his election as null and void as well as the order dated 1. 11. 2007 in appeal appended as Annexure-16 to the writ petition.
(3.) SRI M. A. Qadeer, learned Senior Counsel appearing for the petitioner has placed reliance upon paragraph 6. 5. 7 of the judgment of the Apex Court in SLP {civil} No. 24295 of 2004, University of Kerala v. Council Principals Colleges Kerala and others, and has urged that the petitioner has not been given an opportunity of hearing and even copy of the order was not provided to him. The relevant para-graphs 6. 5. 7 and 6. 8 of the aforesaid judgment of the Apex Court in the University of Kerala (supra) is as under: "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 misdemeanor. The candidate shall also not have been subjected to any dis-ciplinary action by the University authorities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Rievance Redressal Mechanism. Any party adversely affected by a decision of the GRievance cell may file an appeal with the institutional head within twenty four hours after the ad verse decision is announced. The institutional head shall have discretionary appellate jurisdiction over the GRievance cell in all case in which error on the part of the GRievance cell is charged. The decision of the GRievance cell shall stand and shall have full effect until the appeal is heard and decided by the Institutional head. The institutional head shall hear appeals of GRievance cell rulings as soon as possible but not within twenty four (24) hours after the GRievance cell delivers to the appellant and the institutional head a copy of its written opinion in the case. Appeal may be heard prior to this time but only if the appel lant waives the right to a written opinion and the institutional head agrees to accept the waiver. The institutional head can issue suitable orders to sus pend or halt the operation of the ruling issued by the GRievance cell until the appeals are decided. The institutional head shall review findings of the GRievance cell when appealed. The institutional head may affirm or overturn the decision of the GRievance cell, or modify the sanctions imposed. 6. The attention of the Court has been drawn by the learned Counsel for the petitioner towards order which has been appended as Annexure-12 to the writ petition wherein the election of the petitioner has been declared as null and void which is as under: The election of Mr. Vishnu Gopal Gupta as President of Students Union D. B. S. College, Kanpur should be declared null and void on ground of his previous criminal record.;