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2016 DIGILAW 675 (UTT)

RANJEET RAWAT v. STATE OF UTTARAKHAND

2016-09-30

V.K.BIST

body2016
JUDGMENT Hon’ble V.K. Bist, J. Petitioner has approached this Court seeking the following reliefs: “i) Issue a writ, order or direction in the nature of certiorari quashing the Election Notification dated 27.09.2016 as declared by respondent no. 4. ii) Issue a writ or order in the nature of mandamus directing the respondent no. 2 to declare the result of the course namely Diploma in Office Management pertaining to the academic year 2014-15”. 2. Briefly put, the case of the petitioner is as follows: Petitioner is a student of Diploma in Office Management at Kumaon Keshari Pandit Badri Dutt Pandey, Government Post Graduate College, Bageshwar, District Bageshwar and is having a meritorious record. He appeared in the examination of Diploma in Office Management in the month of June-July, 2016. Due to the result being awaited, the petitioner is in a state of chaos and confusion, as the result of Diploma in Office Management has not been declared and he cannot take admission in any other course running the institution. According to the recommendations of the Committee, the elections is to be completed by 20.10.2016 in every College or University premises and, due to the aforesaid circumstances, the petitioner is unable to cast his vital vote for the election of the students union for the academic year 2016-17. According to the petitioner, there are various courses in the College, wherein the result has not been declared and, at the same time, the College Administration is not granting the admission to the students on the vacant seats in various subjects. It is alleged that the elections of student union are meaningless, if the total sanctioned strength of the College remains unfilled and, in the present case, less than 75% of the sanctioned seats are vacant. Since the festive season is expected in first fortnight in the month of October, 2016, it was decided by the Police Administration, in consultation with College Administration, that they are unable to provide force during this festive season, hence the elections will take place after 15th October. On 27.09.2016, the notification for election of student union for 2016-17 was declared, wherein it is stated that the voting will take place on 05.10.2016 and the result of the same will be declared on the same day. On 27.09.2016, the notification for election of student union for 2016-17 was declared, wherein it is stated that the voting will take place on 05.10.2016 and the result of the same will be declared on the same day. It is alleged that the academic year run from 01st July to 30th June, and therefore, the result, by any stretch of imagination, must have been declared by 10th August. Hence, this writ petition. 3. The contention of the learned counsel for the petitioner is that though the petitioner appeared in examination in the month of June-July, 2016; but, his result has not been declared so far. He submitted that in view of this fact, he will not be permitted to participate in the election. Another contention of the learned counsel for the petitioner is that the admission process is not complete and less than 75% of the sanctioned seats are still lying vacant, therefore, there will be less students to cast vote in the election. Learned counsel for the petitioner prayed that the Notification dated 27.09.2016, regarding election process, may be stayed and the respondent no. 2 may be directed to declare the result of the course, namely, Diploma in Office Management, pertaining to the academic year 2014-15, at the earliest. 4. Mrs. Mamta Bisht, learned counsel appearing for the respondent no. 2 submits that the result of Diploma in Office Management, pertaining to the academic year 2014-15, will be declared within three days. 5. In view of the statement made by the learned counsel for the respondent no. 2, prayer no. 2 made in the writ petition is no more survives and the same is closed. As far as prayer no. 1 for staying the election process is concerned, the same cannot be allowed, inasmuch as, election process has already been started. The same stands rejected. 6. With the observation made above, the writ petition is disposed of finally. 7. There will be no order as to costs.