M.N. Bhandari, J. - (1.) THIS writ petition has been filed by the petitioner with following reliefs, which are quoted hereasunder - - "(i) to direct the respondents not to conduct the Rajasthan University Student Union elections till the complete implementation of the recommendation of Lyngdoh Committee in its letter and spirit. (ii) to direct the respondents to implement the code of conduct in its letter and spirit. (iii) to direct the respondents to prohibit and debar the candidates from participating in election who have violated the recommendation Lyngdoh Committee and the code of conduct. (iv) to direct the respondents to ensure that no road/route is being blocked by the candidates or their supporters. (v) to issue any other order, direction, declaration which this Hon'ble Court deems just fit and proper in the facts and circumstances of the case in favour of the petitioner." The perusal of the prayers quoted above show a direction on the respondents to conduct Students' Union Elections as per the recommendations of Lyngdoh Committee and Constitution of the Rajasthan University Students' Union. The petitioner has made serious allegation of violation of the direction of the Hon'ble Apex Court for holding Student's Union elections. The University of Rajasthan and police failed in their duties during the course of election. Before averting to other facts, it would be gainful to refer the procedure to be followed during students' union election.
(2.) A petition regarding students' union election was decided by the Hon'ble Apex Court in the case of University of Kerala v. Council, Principals' College, Kerala & Ors., decided on 22.9.2006 ( : [2006] 8 SCC 304). In terms of the earlier order of the Hon'ble Apex Court dated 12.12.2005, Ministry of Human Resource Development, Government of India, constituted a committee headed by Mr. J.M. Lyngdoh. The Committee submitted a report with the recommendations and suggestions for Student's Union Election. The Hon'ble Apex Court issued directions for its implementation with few modifications. Directions given therein were not only for mode of elections but for other related issues. It includes limit of expenditure and financial accountability apart from certain restrictions, which includes disassociation of students' union and students representation from political parties. It has come on record that subsequently when violation of the directions of the Hon'ble Apex Court was brought to its notice, the elections of students' union of Jawahar Lal Nehru University, Delhi were stayed with a clarification to hold fresh election as per the recommendations of the Lyngdoh Committee, as approved by the Hon'ble Apex Court. A separate direction was given to the Superintendent of Police, Puri to register a criminal case against all the students who were indulged in vandalism in Samanta Chandra Shekhar College, Puri.
(3.) THE petitioner is one who has preferred this writ petition alleging violation of the recommendations of Lyngdoh Committee as approved by the Hon'ble Apex Court for the students' union election in the University of Rajasthan and its constituent colleges.;