Prakash Tatia, J. - (1.) HEARD learned Counsel for the parties.
(2.) FACTS reveal that during colleges and universities Students' Union Elections lawlessness continued for several years and, therefore, not only private parties preferred the writ petitions, but the High Court in its jurisdiction under Article 226 of the Constitution of India suo motu registered the Public Interest Litigation Writ Petitions. As back as in the year 1994 the High Court (at Jaipur Bench) issued some directions in the judgment dated 12th Sept., 2004 in S.B. Civil Writ Petition No. 5016/1994; The Rajasthan Advertising Association through its President v. The Collector, Jaipur and Ors. on this issue. Then bunch of writ petitions were preferred by petitioners and one of which was by Sarita Choudhary at the Principal Seat of Rajasthan High Court, Jodhpur. One another suo motu petition was registered by the Division Bench of Rajasthan High Court, Jaipur Bench which is D.B. Civil Writ Petition No. 5746/2003. Yet in another suo motu petition, being D.B. Civil Writ Petition No. 5545/2004, by order dated 10.8.2004 the Division Bench headed by the then Hon'ble Chief Justice directed the University of Rajasthan, Superintendent of Police and the Collector, Jaipur to show cause as why law and order was not enforced in the precincts of the University of Rajasthan and why the students were allowed to violate the directions given in writ petition No. 5016/1994, decided on 12.9.1996. Then another writ petition was filed by Arvind Singh Rathore, which is D.B. Civil Writ Petition No. 2800/2005 at Principal Seat of the High Court at Jodhpur. The Sarita Choudhary's writ petition was already decided, therefore, the State of Rajasthan preferred D.B. Civil Special Appeal No. 188/2002 and this D.B. Special Appeal was tagged with D.B. Civil Writ Petition No. 2800/2005 Arvind Singh Rathore v. State of Rajasthan and Ors. and D.B. Civil Special Appeal No. 188/2002 -State of Rajasthan v. Sarita Choudhary, the Division Bench at Jaipur decided the D.B. Civil Writ Petition No. 5746/2003 finally by the judgment dated 5.5.2005 wherein some directions were issued to the State Government including staying the Students' Union Elections. In the judgment dated 5.5.2005 several other directions were also issued after taking note of the indiscipline and unruly atmosphere in the educational institutions including in the colleges and also universities during elections and thereafter.
(3.) IT appears, before the directions were issued in D.B. Civil Writ Petition No. 5746/2003 vide judgment dated 5.5.2005, already some steps were taken by some of the universities and colleges in view of various orders passed in Arvind Singh Rathore's and Sarita Choudhary's writ Petition and in Special Appeal. Thereafter, the Division Bench at Principal Seat of Rajasthan High Court, Jodhpur decided both the matters by common judgment dated 13.5.2005 after considering the judgment delivered by the Jaipur Bench of the Rajasthan High Court in D.B. Civil Writ Petition (Suo Motu) No. 5746/2003 dated 5.5.2005.;