Heard learned counsel for the petitioner Sri V.D. Dubey and Sri V.K. Singh, learned Senior Counsel for the respondent University.
This petition was filed today itself and on a mention made by Sri Dubey, the same was summoned keeping in view the claim of urgency by the petitioner. The petitioner seeks declaration of his rights to participate in the elections by filing his nomination for the post of Vice President in the Students' Union Elections of the University. The last date for filing of nomination was 24th September, 2012 and the withdrawal was permitted till today.
The contention of Sri Dubey is that the petitioner was deliberately not allowed to file his nominations and he was running from pillar to post whereafter he has rushed up to this court for a direction that he may be permitted to contest the elections. Sri Dubey contends that the petitioner is fully eligible and qualified, inasmuch as, he has already appeared in the 4th semester of the M.A. Mass Communication Final Examinations. He therefore contends that in such circumstances, the petitioner does not loose his eligibility to contest the elections.
Sri V.K. Singh has come forward with his instructions from the University and he submits that according to Clause 3 of the nomination form which is contained in Annexure 10 to the writ petition, a candidate should possess all original documents including the mark-sheet of the last examination passed.
The results of the 4th semester examination of the petitioner has already been declared on 22nd September, 2012. Sri V.D. Dubey pleads ignorance on behalf of his client about the said declaration of results and he therefore contends that so long as there is no such information the petitioner should be treated to be continuing on the rolls of the University as a student and he should be permitted to contest the elections.
Having considered the aforesaid submissions and keeping in view the statement of the learned counsel for the University that the results of the final year M.A. Examination of the petitioner has already been declared on 22nd September, 2012, the petitioner ceases to be a student of the University as he will be presumed to have passed out, and therefore he cannot claim any right to contest the elections. Once the results have been declared, the petitioner has already finished his course of study and is no longer a student of the University.
Even otherwise the right to contest elections is not a fundamental right and is a statutory right. In the aforesaid circumstances, and the stand of the University, this Court does not find any reason to interfere at the instance of the petitioner as there is no material to the contrary on record to indicate that the petitioner is a student of the University as on date.
Apart from this the last date of nomination has expired and therefore it will not be appropriate to interfere with the election process at this stage.
There is yet another reason for not entertaining the writ petition namely that the petitioner could have invoked the provisions of Grievance Redressal Mechanism as per Clause 16 of the Code of Elections, which he does not appear to have availed of. The petitioner therefore had an alternative remedy under the Code itself.
The writ petition is dismissed.
Order Date :- 26.9.2012 Sahu