- (1.) WE have heard learned counsel appearing for the appellant, who was not a party to the writ petition. The appellant had contested the election for the post of Research Representative, in the Students Onion Elections of the Rajasthan University, 2014. Since, learned Single Judge has directed to cancel the entire elections we are of the view that the applicant's rights have been affected by the judgment, and thus, the application filed by him for leave to file the appeal is allowed. We have heard learned counsel appearing for the parties, including learned Additional Advocate General, appearing for the State of Rajasthan, learned counsel appearing for the Rajasthan University, and learned counsel appearing for the petitioner in the writ petition, who is respondent No. 4 in this Special Appeal.
(2.) THIS Special Appeal is directed against the judgment passed by learned Single Judge, on 27.11.2014, by which while entertaining the writ petition filed by Shri Saransh Ghiya (respondent No. 4 in this appeal), he has issued directions that in view of violation of the Code of Conduct, laid down to be followed in the elections for constitution of the Students' Unions, as also the directions of the Hon'ble Supreme Court, accepting the Lyngdoh Committee's recommendations, the University will cancel the elections held on 23.08.2014. Learned Single Judge further directed that looking to the fact that if the polling would not have taken place, a direction could have been given to allow only those students in the election, who have adhered to the norms. The cancellation of the elections would however be with the liberty to hold elections after submitting an affidavit before this Court that it would be conducted without violation of the recommendations of the, Lyngdoh Committee, as approved by the Hon'ble Apex Court. Learned Single Judge thereafter directed as follows: - - "The University of Rajasthan so as the State Government are, however, directed to effectively consider as to why the election should not be held in the manner provided under para 6.2.4 of the judgment in the case of University of Kerala (supra). It is to avoid participation of large number of students in direct elections and the type of incidences reported in this case. Necessary considerations, as directed above, would be made by the State of Rajasthan. They would also be at liberty to even bring legislation to bar Students' Union Elections, if it cannot be conducted with adherence to the recommendations of Lyngdoh Committee as approved by the Hon'ble Apex Court. The writ petition is allowed with the aforesaid."
(3.) IT is submitted by learned counsel appearing for the appellant, that the writ petition, at the instance of Shri Saransh Ghiya petitioner, was not maintainable for want of locus standi. The petitioner did not identify himself in the writ petition. He has simply stated in the writ petition; "The petitioner is a concerned citizen of Jaipur, Rajasthan, where he is using on day to day basis the route of J.L.N. marg and the nearby area of University of Rajasthan." It was further stated by him in paragraph 1 of the writ petition, that the violations of the guidelines of Lyngdoh Committee as it was laid down and accepted by the Supreme Court, can be seen to be violated on day to day basis. It is stated that the elections for constitution of Rajasthan University Students' Unions, were notified on 14.08.2014. The elections were held under the Constitution of the Rajasthan University Students' Union, 2010, as amended in the year 2014, to constitute Students' Unions at the University level and of the students of the P.G. Department/Units, and the Constituent Colleges of the University, called "Rajasthan University Students Union". Para 7 of the Constitution, provides for other Unions at Department/Units/Constituent College level, to include Students Union in all P.G. Departments/Units, Students' Union in University Commerce College, University Centre -II Law College, University Law College, University Maharaja's College, University Maharani's College, University Rajasthan College, and University Five Year Law College.;