S.Chatterji, J. - (1.) The present writ petition has been filed by 14 (fourteen) petitioners who are all students of Jadavpur University. They have challenged the letter being No. JVE/89-90/C-114 dated 20.1.1990 of the Returning Officer, Jadavpur University Election-1989-90 rejecting the representation of the students for exclusion of names of irregular students from the Electoral Rolls and for constitution of separate Electoral College for students of each Faculty being Annexure "E" to the writ petition and to restrain the respondents from holding election 1989-90 to the students representative to the Court of Jadavpur University without excluding irregular students from the Electoral Rolls and constituting a separate Electoral College for each Faculty of Jadavpur University. It is stated that under section 16(1)(xx)(a) of Jadavpur University Act that the regular students of the University of whom not more than 2 (two) from the department or departments under each of the Faculty Council for Post-Graduate and Under-Graduate Studies are elected by such students of the University amongst themselves. It is elaborated that the Schedule for Election of students to University Court was published and as per the said schedule, the preliminary Voters List was required to be published on 22.12.89. It is alleged that the preliminary Voters List was published in instalments on several days. Against the delay of publication of the Voters List several representations were submitted to the Returning Officer, Jadavpur University, demanding fixation of dates after long specific time gaps in terms of Jadavpur University Act. However, against the inclusion of the names of the irregular students, objections were filed by various students of different Departments citing specific instances of inclusion of irregular students in the preliminary Voters List. It is further alleged that without any hearing, the objections were summarily ruled out on the ground that as per Vice-Chancellor's order, the students of Arts and Science Faculties who would take admission by 27.1.90 would be considered as regular students against which another representation on 6.1.90 was filed before the Returning Officer. It is placed on record that though in terms of the provisions of the Act, two students from each Faculty would be elected for the University Court by the students from amongst themselves communicating constitution of separate electoral college for students of each Faculty, the authorities concerned have constituted a Joint Electoral College for the students.
(2.) The grievance of the petitioners is that the Constitution of Joint Electoral College is not only against the provisions of the Statute but also is clearly against the interest of the students. According to them, the Act contemplates election of two representatives of each Faculty to be elected by students from amongst themselves, with the object that majority students of a Faculty would select through representative from their respective Faculties so that the views of the majority students of the respective Faculties can be reflected in the election of the students representative. The alleged Joint Electoral College would decide the electoral result of a Faculty not by the majority opinion of the students of the Faculty but by the opinion of the students of other Faculties which is against the very provision and spirit of the Act to elect to each representatives from each Faculty. Further, the alleged Joint Electoral College would have the effect of depriving the majority students of a Faculty elect their representatives which is contrary to the principles of electional process. The petitioners further grievance is that the Returning Officer, Jadavpur University by a letter dated 20.1.90 rejected the claims for constitution of separate Electoral College as also for exclusion of irregular students from the Voters' List. The petitioners further tried to demonstrate the alleged irregularities by giving various examples and being aggrieved by and dissatisfied with the rejection of the demands for exclusion of non-regular students from the Electoral Rolls and the constitution of a separate Electoral College for students of each Faculty, they have come to this Writ Court seeking reliefs as indicated above on the grounds that the inclusion of huge number of non-regular students in Electoral Rolls vitiates the due electoral process and would adversely affect the result of the election and also the Constitution of Joint Electoral College for election of students representative to the University Court as contrary to section 16(1)(xx)(a) of the Jadavpur University Act and it would adversely affect the outcome of the election of electors of a Faculty.
(3.) The writ petition was entertained on 2nd of February, 1990 and considering the prima facie case an ad interim order was made to the extent that the election due to be held on 5.2.90 will be held in accordance with the law but the respondents will not publish the result nor will give any effect to any resolution thereat without the leave of the Court. An application for addition of parties was filed and in terms of the order dated 7.3.90 the same were allowed.;