JUDGMENT 1. - By order dated 3rd April, 2002 this Court issued notice to the Jai Narain Vyas University, Jodhpur, Mohan Lal Sukhadia University, Udaipur, Maharshi Dayanand Saraswati University, Ajmer, and Presidents of Students Unions of the respective Universities. The Universities were directed to furnish information by way of filing affidavits on the following items: "The Constitution of the Students Union; Code of Conduct of the Election of the Students Union, if any, how far, they have been complied with; Representation of the Students in different bodies like Academic Council, Senate etc.; Programmes prepared by the Students Union showing their role in the field of national integration, progress and developing the Country; Financial Contribution of the Students towards the Students Union Fund, budgeting, control and utilisation of the fund; Interference of the Students Union in Examination programme; Role of the Students Union in maintaining the discipline; Details with respect to the violence or misconduct involving the students union during and after the elections in last three years and Efforts made by the Students Union to achieve the objects provided in the Constitution of the Students Union." The Secretary Department of Education, Government of Rajasthan was also directed to file affidavit with respect to the decisions taken by the State Government as well as the Chancellor, Co-ordination Committee pertaining to the elections of Students Union, Examinations and discipline. 2. None of the Students Union have chosen to put in appearance inspite of service. Mr. Vinod Zutshi, Secretary, Higher Education has averred in his affidavit that certain important decisions were taken in the joint meeting of the Vice Chancellors and the officers held on 26th April, 2000 with respect to the election of Students Union. The meeting was presided by the Hon'ble Minister for Higher Education. A copy of the resolution is placed on record. It was resolved that necessary measures shall be taken to improve the existing method of elections in the Educational Institutions with a view to give leadership to meritorious students. It was also resolved that in the Post Graduate Colleges only the students of the Final Year shall be eligible to contest election for the post of the President. It was also resolved that election shall be only for the post of President. It was also resolved that in the Post Graduate Colleges only the students of the Final Year shall be eligible to contest election for the post of the President. It was also resolved that election shall be only for the post of President. He shall constitute a executive council of 5 to 10 members from among the students who have secured more than 55% marks in the last examination. Upper age limit was also provided for contesting the University or College elections. It further resolved to provide the term of the Students Union, with the end of the Sessions. Certain restrictions were provided with respect to the admission in the hostels. The said minutes of the meeting were sent to the Vice Chancellors of the Universities and Director, College Education in May, 2000. A Co-ordination Committee of the Vice Chancellors met on 30th June, 2000. Decision was taken to debar from the contesting election such students who have been convicted and against whom a challan has been filed. By subsequent communications directions were also issued for framing the Code of Conduct for the elections of the Students Union. A Co-ordination Committee of the Vice Chancellors which met on 13.12.2000 again considered the issue of the Students Elections. Dr. L.S. Rathore, Vice Chancellor, Jai Narain Vyas University, Jodhpur was requested to prepare a model amendment with respect to the Students Union Election Rules. The draft rules were considered in the meeting of the Vice Chancellors on 23rd May, 2001. The Committee resolved as follows: 'The Draft prepared by Dr. L.S. Rathore, VC JNV, University, Jodhpur for elections of Students Unions may be examined by each University and appropriate action may be taken in this regard after having general consensus." The relevant part of the recommendations is extracted as follows: "All candidates contesting for various posts in the students Union shall have to fulfil the following conditions: (1) (a) Not more than (8) eight) year's have elapsed since a candidate passed the 12th Class Examination under the 10+2 pattern of education by a recognised Board of Higher Secondary/Senior Secondary conducted in the country or an equivalent examination, qualifying him/her for the first admission to a degree/diploma course of a University/College. (b) Only a candidate who is less than 24 years of age on 1st July of the academic year in which the election is held, can alone contest. (b) Only a candidate who is less than 24 years of age on 1st July of the academic year in which the election is held, can alone contest. (c) Provisional admission to a course of a University/College shall not make the candidate eligible to contest. (d) A candidate who has been convicted by the Court of law shall not be eligible to contest. Term (2) The term of the entire office bearers of the Students Union shall expire automatically on the last date of the Session." 3. It is also averred that the Government has taken steps from time to time to maintain discipline amongst the students. It is further averred that the University Grant Commission has also issued certain instructions to curb the menance of ragging in the Universities and other Educational Institutions. A decision of the Apex Court dated 4th May, 2001 in Vishwa Jagriti Mission v. Central Government & Ors. (Civil Writ Petition No. 656/98) which pertains to curbing of ragging has been placed on record. The Apex Court noticed some of the incidents which crossed the limits of decency, morality and humanity. The Apex Court observed that a University may consider disaffiliating a college or institution failing to curb ragging. The Apex Court further observed: "The Universities and the Institutions shall at a reasonable time before the commencement of an academic year, and therefore at such frequent intervals as may be expedient deliberate over and devise such positive and constructive activities to be arranged by involving the students generally so that the seniors and juniors, and the existing students and the freshers, interact with each other in a healthy atmosphere and develop a friendly relationship so as to behave like members of a family in an Institution. Seniors or juniors shall be encouraged to exhibit their talents in such events so as to shed their complexes." 4. A judgment of the learned Single Judge of this Court has been placed on record wherein this Court disapproved unlawful activities of the students of coercive collection of funds from the traders, businessmen and even by the persons passing through the city roads in the name of contesting elections. The Court further came heavily on Educational Institutions in failure to check the spoiling of walls by the students in the City during the students elections. The Court further came heavily on Educational Institutions in failure to check the spoiling of walls by the students in the City during the students elections. The Court observed that no student or his supporter has any power to paint the wall of the University Building or even the private buildings. Such student can be made liable by civil suit and even by criminal prosecution. The Court gave following directions: "1. That the campaign for contesting the election shall be restricted to the campus of the University alone and in case of college students Union, it will be restricted to the campus of that college alone. 2. No student or his supporter or any organisation could be entitled to collect a single paisa/pie from any person of public and this would be considered to be a disqualification if the amount is collected the candidates will be disqualified to contest future election for at least 3 years. 3. The contesting candidate would submit the account of expenditure within seven days from the date of election. Non-submission of account would disqualify the wining or losing candidate as well for 3 years. 4. No candidate or his supporter or organisation would be authorised to right any name or campaign on any public wall including the walls of university, college, Government and private properties. The Superintendent of Police is directed to have patrolling for this purpose during the election day. 5. The University would provide a temporary space for a maximum period of seven days to the contesting candidate for pasting the posters. 6. The Superintendent of Police will ensure that no student other than who has been admitted in the hostel remains inside the hostel with the help of warden. 7. Maximum limit of expenditure should also be fixed which should not exceed Rs. 15,000/- in case of election of President and Vice President of the University or college union and Rs. 5000/- in other cases of University and college union. If the expenditure incurred more, besides the disqualification of the candidate, it will be duty of Vice Chancellor to send statement to the DDI(II) Jaipur who shall investigate the source of collection of funds and will deal it in accordance with law. The compliance of this order shall be made from the day onwards. If the expenditure incurred more, besides the disqualification of the candidate, it will be duty of Vice Chancellor to send statement to the DDI(II) Jaipur who shall investigate the source of collection of funds and will deal it in accordance with law. The compliance of this order shall be made from the day onwards. The wall which have so far been painted, the Municipal Corporation would take appropriate steps to wash or clean them within 15 days and action would be taken by the Municipal Corporation also if any wall is painted by any person in respect of any advertisement or campaign." The aforesaid judgment of this Court rendered in S.B. Civil Writ Petition No. 5016/94 was circulated to all the Universities and Colleges under communication dated 18th August, 2000. It appears that the aforesaid decision of this Court has been followed in breach. 5. Mr. G.S. Vyas, Professor in the Department of History, Maharshi Dayanand University, Ajmer has filed an additional affidavit. It is averred that a constitution has been framed for the Students Union. He has placed on record a copy of the Code of Conduct for the Elections of the Students Union.The Registrar, JNV University, Jodhpur has neither filed any affidavit nor furnished any information in compliance of the directions of this Court. It reflects casualness on is part. We restrain from observing further for the present. On the basis of deliberations which took place in Court, the learned counsel for the University has simply placed on record perhaps the proposed election rules under the caption "The Jodhpur University Students Union Rules, 2002 (Election Rules)". Similarly inspite of specific direction the Registrar, Mohan Lai Sukhadia University, Udaipur has not furnished requisite informations. However one Mr. Sanjay Lodha, Associate Professor in the Department of Political Science has appeared. They have tried to pass on the Constitution of the University Students Union and College Students Union in the Court. We refrain from making any observation on the conduct of the Registrar, as it is stated that on account of illness, he has not been able to attend the Court. However, on the suggestion of this Court all the three Universities have prepared a proposed Code of Conduct for Students of the Universities and their constituent colleges for free, fair and impartial elections and for activities of the Unions. 6. However, on the suggestion of this Court all the three Universities have prepared a proposed Code of Conduct for Students of the Universities and their constituent colleges for free, fair and impartial elections and for activities of the Unions. 6. From the narration of facts given above it is abundantly clear that inspite of the repeated efforts made by the Hon'ble Minister for Education, the Vide Chancellors of all the three Universities, the Secretary, Ministry of Higher Education and above all the directions of this Court and the Apex Court the desired results have not been achieved. The question involved in this special appeal is required to be considered from wide perspective. At the cost of repetition we say that election and functioning of the Students Union of a College or a University is the laboratory of the democratic governance of the country. The future of the country is in the hands of the present youth in the colleges and the universities. In our opinion, there is a duty cast on the authorities and the teachers concerning the colleges and the Universities responsible for the exemplary good conduct and behaviour of the students in general and office bearers of the Students Unions in particular. It goes without saying when we say that there is a duty cast on the authorities and the teachers concerning colleges and Universities of good and exemplary conduct and behaviour of the students, we expect the same from them as well. 7. It is well established that the courts can issue the authorities appropriate directions in a case where Executive failed to perform their obligatory duties or whenever there is a failure on their part to discharge them. In these peculiar facts and circumstances of the case we direct the State of Rajasthan to prepare a common code of conduct for the Students Unions of subject Universities and their constituent colleges for free, fair and impartial elections, to enforce discipline and to ensure growth of the responsible citizenry for development of the country. However, till such statutory rules are framed, we direct as follows: (i) The Universities or the State or the constituent colleges shall constitute an Editorial Board of independent teachers and students and publish quarterly News Letter or Bulletin with the minimum cost. However, till such statutory rules are framed, we direct as follows: (i) The Universities or the State or the constituent colleges shall constitute an Editorial Board of independent teachers and students and publish quarterly News Letter or Bulletin with the minimum cost. (ii) The campaign for contesting the elections shall be restricted to the campus of the University alone and in case of college students union it will be restricted to the campus of the college alone. (iii) No student or,his supporter or any student organisations shall collect money from public, shop keepers, businessmen, traders and other professionals by coercive means. (iv) The election expenses by the individual candidate or his/her supporter shall not exceed, in case of President Rs. 25,000/- and other office bearers Rs. 15,000/-. (v) The contesting candidates should submit account of election expenditure within seven days from the date of elections. (vi) There shall be complete ban on pasting of any sort of poster or slip or writing of slogans, advertisement on public hoardings, traffic signals, mile stones, boards (indicating the name of the institution, office, locality etc.), public walls. (vii) There shall be restriction on possession of any weapon, fire-arm, stick, hockey stick, knife, sword, iron rod, chain or stone etc. in any part of the University Campus or college premises or the hostel. In case of hockey stick used for playing Hockey, it shall be permitted for limited hour by Vice Chancellor/Principal/ Director/Dean on the recommendation of the authority incharge of discipline and sports. (viii) There shall be no procession out of the University Campus or the college premises after the election in the name of victory procession. In case it become necessary to pass through a part of the area outside the campus it shall be with the permission of the concern Superintendent Police on furnishing the undertaking that they shall not disturb the peace and tranquility. (ix) During the elections the University shall provide a limited space for the posters for the pasting of poster or writings by the candidates during the elections. (x) The University shall provide joint platform to the candidates contesting for each post to deliver speech and also to reply the queries made by the students. Such speeches shall be in presence of the teaching staff nominated by the concerned authorities in the Universities or the Colleges. (x) The University shall provide joint platform to the candidates contesting for each post to deliver speech and also to reply the queries made by the students. Such speeches shall be in presence of the teaching staff nominated by the concerned authorities in the Universities or the Colleges. (xi) The oath or affirmation shall be made by the office bearers of the Union within 3 days from the date of declaration of the result on the date and time fixed by Vice Chancellor or any person authorised by him in case of University or in case of the college by the Principal or person authorised by him. (xii) The oath or affirmation shall be administered to the President and other office bearers by the Vice Chancellor or the Principal as the case may be; or the person nominated by them, who has been a University of College Teacher for no less than 25 years. Explanation:-It will be open for the elected candidate to invite the guest of his or her choice on the said occasion as a Chief Guest including a political leader subject to the approval of the Vice Chancellor/ Principal/ Director/Dean as the case may be. No programme of the students union shall be carried including extending invitation to a guest without the prior approval of said authorities. (xiii) A candidate who fails to take oath within period of 3 days from the date of declaration of the result of elections he/she shall deem to have vacated the office. In rare case for the sufficient reasons on an application by the of elected candidate or a person authorised by him or her the Vice Chancellor/Principal may extend the period not exceeding three days. Explanation:-The non-availability of the Chief Guest on the date fixed will not be considered sufficient ground for extending the time; (xiv) Within three weeks from the date of assuming the office the President of the Union of the Vice President in case of Faculty or College shall submit Charter of activities which he/she proposed to undertake during the tenure to the Vice Chancellor/Director/Dean/ Principal as the case may be. Following shall be obligatory activities on the part of the Students Union: (A) Inter Faculty or Intra Faculty sports competition; (B) Lecture or essay competition of a debate or any other similar activities; (C) Organising the Seminar, conference, workshop; (D) Social Service; (E) Shram Dan within the University Campus; (F) Programme showing sensitiveness towards the protection of environment or human rights: (G) Cultural performance; (xv) The Students Union will prepare and present the Budget to the Vice Chancellor or the Principal. There shall be deliberation on Budget as per the existing Rules. The authorities shall ensure that appropriate provision is made for each obligatory activities. There shall be ceiling on the expenditure on refreshment, telephone bill, maintenance of office etc. which in no case shall exceed 10% of the students fund collected in the current session. (xvi) The disbursement of fund shall be made strictly as per the approved budgetary provisions. As far as possible no money shall be paid in hand to any of the office bearers, or student. On submitting the bill the payment shall be made by the office on recommendation of the Advisory Board and approved by the Vice Chancellor/Principal/ Director/Dean as the case may be. In a given case where certain amount is advanced to any office bearer, it will be his or her obligation to submit the account within the period specified, in no case later than three weeks. (xvii) In the case an office bearer fails to submit the account: (a) his/her name shall be shown in the quarterly magazine as a defaulter. (b) He/She shall not be permitted to appear in the examination; 8. These directions shall be followed as aid and incidental to and supplemental to existing rules. In case of conflict the directions of this Court shall prevail. A candidate found guilty of committing breach of any of the aforesaid directions shall deem to have committed misconduct and he shall be dealt within the accordance with the directions given hereinafter. 9. There shall be an Election Tribunal constituted by the respective Vice Chancellor and Secretary Higher Education, Government of Rajasthan or any person authorised by him. The Tribunal shall be headed by a Senior Professor. 9. There shall be an Election Tribunal constituted by the respective Vice Chancellor and Secretary Higher Education, Government of Rajasthan or any person authorised by him. The Tribunal shall be headed by a Senior Professor. Out of the two other members one shall be a Teacher having teaching experience of 20 years and has worked at least for 3 years as an authority to maintain discipline in the University or the College. The Tribunal shall have power to remove the President or other office bearer in case he/she found guilty of committing violation of any of the aforesaid rules. 10. The Tribunal may disqualify a candidate guilty of breach of the rules to contest the elections for the next two years or the Tribunal may recommend to the University debarring the student from appearing at the examination. 11. The Tribunal shall hold the inquiry on the basis of affidavits filed before it. On application file, the Tribunal in its discretion may permit to cross examine the deponent. 12. In case of an election petition on the basis of misconduct during the elections, it shall be decided as far as possible within a period of two weeks. 13. Any pamphlet, poster or slogan or name of the candidate found written on the prohibited places including the traffic or other boards shall be sufficient to presume that the same has been put by the concerned candidate unless otherwise proved. 14. Any person found creating false evidence with a view to get an elected candidate removed shall be liable to be prosecuted and payment of compensation. The printer, publisher, painter or any person facilitating the offence shall also be liable to prosecution. 15. The University will remove the posters pasted on the boards within and around the campus and re-write for the convenience of the people before the election programme for the Students Union is declared. The Collector and District Magistrate in which the University or College is situated get such posters outside the University or College premises i.e. the City or Town removed, walls of public places leaned within two weeks. All the concern Departments and Local Bodies will comply with the directions of the Collector. The persons (companies, Institutions) spoiling the Boards shall be visited with penalty under the law. All the concern Departments and Local Bodies will comply with the directions of the Collector. The persons (companies, Institutions) spoiling the Boards shall be visited with penalty under the law. Such persons not complying with the directions of the Collector or Local Body or Traffic Police shall be liable to be prosecuted. 16. The Secretary, Education, Government of Rajasthan will ensure compliance of the directions given in this order. He shall submit compliance report on or before the next date of hearing. The Registrars of all the three Universities will also submit the compliance report. 17. A copy of this order be sent to the Secretary, Education, Government of Rajasthan as well as the Registrars of all the three Universities. The Registrar of the concerned University shall circulate the copy of the order to its constituent colleges. The Secretary, Education, Government of Rajasthan will circulate the copy of the order to all the Collectors and the District Magistrates. 18. Put up on 19.8.2002.Case Listed for Hearing on 19.08.2002.. *******