Narendra Kumar Jain, J. - (1.) HEARD learned counsel for the parties
(2.) PETITIONER , in this writ petition, has challenged the validity of Section 15(c) of the Constitution of the Rajasthan University Students' Union, 2010 (hereinafter referred to as 'the Constitution of the Students' Union of 2010') imposing restriction that No. student shall be allowed to contest election for more than once for any post of office bearers of the same union any time. Brief facts of the case are that Petitioner got admission in University of Rajasthan, Jaipur in MA (Previous) in subject Public Administration for the Sessions 2010 -11. He contested Students' Union election for the post of General Secretary and lost. At present, he has been admitted in MA (Final). His grievance is that although he contested Students' Union election last year i.e. Sessions 2010 -11 on the post of General Secretary and lost the election, he wants to contest the election of the Students' Union, which is scheduled to be held on 20th August, 2011, but because of eligibility criteria of a candidate to contest election laid down under Section 15 of the Constitution of Students' Union, 2010, he can not contest the election this time. Therefore, he has preferred the present writ petition challenging the validity of Section 15(c) of Constitution of Students' Union, 2010.
(3.) LEARNED counsel for the Petitioner argued that Rajasthan University at Jaipur as well as Jai Narain Vyas University at Jodhpur were created by similar legislation by the same legislator and there is No. such restriction in the Constitution of Jai Narain Vyas Students' Union. He also submitted that similar provision is not there in the Constitution of Delhi University Students' Union also. Therefore, the provision of Section 15 (c) be declared as arbitrary and discriminatory. In support of his submission, he also referred the relevant provision of Constitution of Jai Narain Vyas Students' Union and Constitution of Delhi University Students' Union.;