JUDGMENT AND ORDER : Michael Zothankhuma, J. Heard Mr. H. Gupta counsel for the petitioner. Also heard Mr. M.K. Misra counsel for the respondent Nos. 1, 2 and 3 and Mr. L.P. Sarma counsel for the respondent No. 4. The petitioner has challenged the conduct of the election of the Students' Union for the year 2013-14 in the Gauhati Commerce Colleges Students' Union Election. 2. The petitioner's case is that Clause 6.1.8. of the Lyngdoh Committee report, framing guidelines on Student's Union Elections in colleges/universities has been given force as per the order dated 22.09.2006 issued by the Apex Court in University of Kerala (1) v. Council, Principals', Colleges, Kerala and others, reported in (2006) 8 SCC 304, Clause 6.1.8. of the Lyngdoh Committee report is as follows: "6.1.8. The union/representative body so elected shall only comprise of regular students on the rolls of the institution. No faculty member, nor any member of the administration shall be permitted to hold any post on the executive of such representative body, nor shall be allowed to be a member of any such representative body." The Supreme Court in University of Kerala (1) (Supra) has held at para 2 and 3 as follows: "2. We have perused the report of the Committee constituted by the Ministry of Human Resource Development, Government of India in terms of the order of this Court dated 12.12.2005. The Committee headed by Mr. J.M. Lyngdoh has submitted the report making recommendations and suggestions relating to Student's Union Elections. We are, prima facie, of the view that the recommendations need to be implemented, subject to such modifications indicated hereinafter. 3. The recommendations are: "6.1.1. Universities and colleges across the country must ordinarily conduct elections for the appointment of students to student representative bodies. These elections may be conducted in the manner prescribed herein, or in a manner that conforms to the standards prescribed herein. 6.1.2. Where the atmosphere of the university campus is adverse to the conduct of peaceful, free and fair elections, the university, its constituent colleges and departments must initiate a system of student representation based on nominations, especially where elections are being held at present. It would be advisable, however, not to base such nomination system on purely academic merit, as is being practised throughout the country. 6.1.3. It would be advisable, however, not to base such nomination system on purely academic merit, as is being practised throughout the country. 6.1.3. In cases where elections are not being held, or where the nomination model prevails, the nomination model should be allowed to continue for a limited period of time. It is to be noted that the nomination system suffers from several flaws, and must only be resorted to as an interim measure. 6.1.4. Subject to the recommendations in respect of the possible model of elections, all institutions must over a period of 5 years, covert from the nomination model to a structured election model, that may be based on a system of parliamentary (indirect) elections, or on the presidential (direct) system, or hybrid of both. It is highly desirable that all institutions follow this mechanism of gradual conversion, especially for privately-funded institutions that prefer a status quo situation. 6.1.5. All institutions must conduct a review of the student representation mechanism. The first review may be conducted after a period of 2 years of the implementation of the mechanism detailed above, and the second review may be conducted after the 3rd or the 4th year of implementation. The primary objective of these reviews will be to ascertain the success of the reorientation and election mechanism in each individual institution, so as to decide whether or not to implement a full-fledged election structure. Needless to say these reviews will be based on a consideration of the views and suggestions of all stakeholders, such as students, faculty, administration, student bodies, and parents. 6.1.6. Institutions must, as a primary objective, subject to the pertinent issue of discipline on campus, seek to implement a structured system of student elections by conclusion of a period of 5 years from the date of the implementation of the recommendations. 6.1.7. Subject to the autonomy of the universities in respect of the choice of the mode of election, all universities must institute an apex student representative body that represents all students, colleges and departments coming under the particular university. In the event that the university is geographically widespread, individual colleges may constitute their own representative bodies, which would further elect representatives for the apex universities' bodies. 6.1.8. The union/representative body so elected shall only comprise of regular students on the rolls of the institution. In the event that the university is geographically widespread, individual colleges may constitute their own representative bodies, which would further elect representatives for the apex universities' bodies. 6.1.8. The union/representative body so elected shall only comprise of regular students on the rolls of the institution. No faculty member, nor any member of the administration shall be permitted to hold any post on the executive of such representative body, nor shall be allowed to be a member of any such representative body." 3. The petitioner's counsel, thus, submits that the Gauhati Commerce Colleges Students' Union Election for the year 2013-14 held on 21.09.2013 should be set aside in view of the fact that the post of President of the Students' Union Representative Body is being held by the Principal of the college without any election and nomination. The petitioner's counsel also prays for fresh election for the Colleges Students' Union Election for the year 2013-14. He also prays that a direction should be issued to all the colleges and universities of Assam to conduct elections keeping in view the Lyngdoh Committee report on student's election and which has been given effect to as an interim measure by the Supreme Court. 4. Mr. M.K. Misra counsel for the respondent Nos. 1, 2 and 3 submits that the writ petition has become infructuous in view of the fact that the term of the college student's union has already expired and prays that the writ petition be dismissed. He also submits that the case of University of Kerala (1) (supra) has been placed before the Chief Justice of India for referring the question before the Constitutional Bench. The question that has been referred to is to the following effect: "12. The question of great constitutional importance which has arisen is "whether after getting the recommendations of some expert body by a Court order, the Court itself can implement the said recommendations by passing a judicial order or whether the court can only sent it to the Legislature or its delegate to consider making a law for implementation of these recommendations." Mr. L.P. Sarma counsel for the respondent No. 4 submits that the university has no role to play in the matter. Clause 6.1.8. L.P. Sarma counsel for the respondent No. 4 submits that the university has no role to play in the matter. Clause 6.1.8. of the JM Lyngdoh Committee report is to be implemented in view of the interim order passed by the Apex Court in University of Kerala (1) (supra) till a different decision is made by the Supreme Court in view of the question referred to be decided by a Constitutional Bench. 5. The counsel for the petitioner at this stage submits that he is not pressing his prayer for setting aside the College Students' Union election for the year 2013-14 and for a fresh election to be held for the year 2013-14 as the matter has become infructuous. The petitioner, however, submits that a direction may be issued to all the colleges and universities in Assam in the interest of students to conduct student's election as per the Lyngdoh Committee report on student's election, which has to be implemented as per the order passed in University of Kerala (1) (supra). 6. In view of the fact that the Supreme Court has passed as an interim measure the implementation of Clause 6.1.8. of the JM Lyngdoh Committee report which is in force till day, I hereby direct the Addl. Chief Secretary to the Government of Assam, Higher Education Department to implement Clause 6.1.8. of the JM Lyngdoh Committee report and to issue necessary orders to all universities and colleges in Assam for implementation of the same till further orders of the Supreme Court. 7. This writ petition is accordingly disposed of.