Narendra Kumar Jain, J. - (1.) HEARD the learned Counsel for Petitioner.
(2.) PETITIONER , in this writ petition, has challenged Clause 8(vii) of the Guidelines dated 25.06.2010 issued by the Education(Group -4) Department, Government of Rajasthan, imposing restriction that a candidate will not be eligible for contesting election of Students' Union, if he has a previous criminal record. Petitioner has pleaded that he is a student of M.A.(Previous) in the subject of Economics and he is a regular student of Government College, Baran, the Respondent No. 4. The Students' Union Election 2011 -2012 has been declared and the same will be held on 20.08.2011. The State Government has issued a Circular/Guidelines dated 25.06.2010 on the basis of recommendations made by the Lyngdoh Committee, which has been ordered to be made effective by the Hon'ble Supreme Court.
(3.) IT is further contended that a criminal case was registered against the Petitioner at Police Station Kotwali, Baran and trial is going on against the Petitioner in the trial Court. Although, there is no evidence against the Petitioner, but he will not be eligible to contest the election of Students' Union because of pendency of criminal case against him, therefore, Clause/Condition No. 8(vii) of the Guidelines may be declared as illegal and ultra -vires to the provisions of Article 19(1)(c) of the Constitution of India.;