S.S.Dhavan, J. - (1.) This is a petition under Article 226 of the Constitution impugning the legality of the election of Sri Satchida Nand Misra, a student of the University of Allahabad, to the office of the President of the Allahabad University Union. The petitioner Mool Behari Saxena was one of the rival candidates who contested the election and was a close runner-up to the winning candidate, having obtained 1190 votes as against 1221 of Satchida Nand Misra. The election was challenged on a number of grounds which it is not necessary for me to discuss in view of the statement which has been made on behalf of the petitioner to-day. The foundation of the petition was the allegation contained in paragraph 16 of the petitioner's affidavit that there had been a great irregularity in the counting of votes, due to the fact that the Returning Officer did not take care which he was required to take in the matter of the counting of votes and allowed unauthorised persons to do the counting for him, which was contrary to the provisions of the Constitution of the University Union.
(2.) When the case was called up for hearing today Mr. S. C. Khare on behalf of the petitioner made the following statement to the Court which was recorded on his insistence; "Sri Satchida Nand Misra, respondent No. 10, who had been declared elected President of the Union of the Allahabad University, has been appointed Assistant Professor in the Gorakhpur University and has joined that post. As such, there is now a vacancy in the office of the President of the Allahabad University Union and this writ petition has become infructuous. It is not pressed." Another statement was made by Mr. K. L. Misra representing the respondents 1 to 9, which include the Vice-Chancellor, the Dean of the Faculty of Law and Chairman of the Board of Trustees of the aforesaid Union, Mr. J. S. Negi, a member of the Board of Trustees, and Professor A. B. Lal, who was the Returning Officer in the election. Mr. Misra stated that, as learned counsel for the petitioner had requested the Court to record the reasons why he was not pressing the petition, the Court might record his statement on behalf of the respondents too. Mr. Misra then stated that if the writ petition had been pressed he would have asked the Court to examine, as at preliminary point, the constitution of the Allahabad University Union and its place and status in the corporate life of the University to decide whether the petitioner had, even on his own uncontroverted allegations, made out any case for the infringement of any right vested in him which could be enforced by this Court under its extraordinary powers under" Article 226 of the Constitution, He pointed out that the Vice-Chancellor of the University enjoyed, under the constitution of the Union itself, overriding powers including the power to suspend the Union. There was no right vested in the petitioner on which a petition under Article 226 of the Constitution could be founded. Mr. Misra however conceded that it was not possible for him to develop and press his points in view of the fact that the petition itself was not being pressed today. Finally he informed the Court that he had been instructed not to press for costs against the petitioner as the various respondents were anxious not to penalise the petitioner financially even if he had been misguided enough to come to this Court and asked for a relief to which he was not entitled,
(3.) In view of Mr. Khare's statement on behalf of the petitioner I reject" this petition and direct the parties to bear their own costs. But I am constrained to observe, after having carefully read the petition and the affidavit, that this case should not have been brought to the Court at all. The Allahabad University Union is one of several institutions which are an integral part of the Allahabad University and whose fundamental object and purpose are to preserve and enrich the corporate life of the University. The essence of corporate life in a University is the implicit understanding among all members of the University that the Professors and students will regulate their dealings with one another without interference from outside. The Allahabad University Union- is not the only institution in that University in which office-bearers are appointed by election. In fact every institution connected with the intellectual, athletic or cultural activities of the University, is organised on the principle of election. But there must be an implied understanding that the purpose of the activities connected with, or arising out of these institutions, is to strengthen and not weaken or disrupt the principles of corporate brotherhood on which the University is founded. However strong may be the alleged grievance of any defeated candidate and however grave the injustice done to him individually, the principle of corporate life shall transcend individual grievances. The moment any member of the University, be he the Vice-Chancellor or a Professor or any student, appeals to a forum outside the University for the purpose of redressing his individual grievance he violates this transcendent principle and spills the essence of corporate brotherhood in the dust. I am constrained to make these observations in view of the statement made by Mr. Khare which implies that had the respondent No. 10 not left, the University, he would have pressed this petition. This court will not lend its assistance under Article 226 of the Constitution to a person who violates the code of corporate brotherhood nor interfere in the affairs of a University if such interference will have the tendency to disrupt or weaken the spirit of corporate life in the University, (Order on application for interim order -- 6-10-1958);