JUDGMENT A.K. Yog, J.
1. Re: Defacement of Private/Public Buildings vis-a-vis Student Elections:
The petitioner, during pendency of the present Writ Petition (Public Interest Litigation relating to 'ecology' and 'environment' of the City of Allahabad) has filed Civil Miscellaneous Supplementary Application, dated 6-3-2006 raising issue of 'public-nuisance'- as a consequence of use of 'Loud Speakers' beyond permissible 'volume' and damage/defacement of buildings/boundary walls, public-boards. Traffic-indicators, Electric Poles, Vehicles etc.- both inside/outside educational institutions during 'Union-Elections' of the students in the City. It refers to an Article published in March 2006 issue of 'PRATIYOGITA DARPAN' (Annexure S/A-2 to the the said Application) questioning relevance of existence of 'Students'- Union' in Colleges and Universities in view of the their up-to-date experience and their past 'track-record'.
2. Even before application dated 6.3.2006 was filed this Court had taken cognizance of the said issue of 'public nuisance' which spoiled the 'Environment' and made the city ugly and irritating.
3. Vide order dated 16.11.2005 this Court issued notices to the Officers/Authorities of the Allahabad University (i.e. Vice Chancellor, Registrar, Dean Students' Welfare, Chief Proctor of the University, the Convenor, Disciplinary Committee, and Ex-President Students' Union, Allahabad University Allahabad, Election Officers of the University, and Principals and Election Officers of the affiliated Colleges (KPUC, Allahabad. Ishwar Sharan Degree College, CMP Degree College. Allahabad) apart from District Magistrate, Senior Superintendent of Police. Allahabad, Circles Officers, In-charge, Police Station Colonelganj, Allahabad to appear in Court and place their stand/view point. All of them have shown their serious concern over the said menace. While they (University and College administration) expressed their earnest desire to check such activities in Students-Union-Elections which are 'Public Nuisance', they have also fairly in express terms concede that it is beyond their means without having outside support from the State Government and/or the Court. According to them, Political Parties/Persons in power must exercise self-restraint and avoid to interfere/intervene in 'disciplinary' matters of Educational institutions.
4. A bench of this Court (presided by one of us-A.K. Yog, J.) passed the order dated 23.11.2005, a relevant extract of which is reproduced:
...
Election Code (in Hindi) purported to have been issued by G.K. Rai, President, Nyasi Mandal, Allahabad University Union Election 2005-06 has been placed before us. From perusing aforesaid Election Code, it is clear that apart from other things, it strictly prohibits placing/fixing or installation and/or walls/building spoiling or damaging hoardings (sign boards). Said Election Code, in other words, places absolute restriction upon defacement/damaging private/public building and/or any other property/premises of any nature which amounts to public nuisance.
Vide judgment and order dated 1-7-2005 given in Writ Petition No. 3799 (M/B) of 2005-Sanjay Gupta v. The District Magistrate, Lucknow and Ors. Division Bench of this Court (Lucknow Bench) passed order to the effect:
We further direct that anyone, who defaces building or boundary wall or for whose benefit it is done-shall be prosecuted and in case of a student, he/she shall be deemed disqualified in any election of the Institution and liable to pay a fine of Rs. 25,000/- to the Institution for causing public nuisance.
...
(underlined to lay emphasis)
5. Meanwhile, Allahabad University Students' Union Election-2005-06 were held and its result declared. Elected office bearers of Allahabad University Students Union submitted certain suggestions which were noted in our order dated 6-3-2006. as follows Shri Ajeet Kumar Yadav, President, Shri Brijedra, Vice-President, Shri Suresh Chand Yadav, General Secretary, Ms. Kalpna, Publication Minister and Bihari Lal Ambar, Joint Secretary of the Students Union of Allahabad University have given two written statements dated 6.3.2006 jointly signed by them....These office-bearers, however, unmistakably deprecate Hoardings, Banners, Placards, Posters, Wall-writings inside or outside University....Object for which provision was made to have 'Students Union' has been frustrated and their existence is proving counter-productive to academics.
Professor G.K. Rai, Chairman, Allahabad University Students Union Trust Board, candidly stated before this Court-"These elections have become source of nuisance to the citizens, in the city and academic atmosphere of the University and Colleges completely collapsed due to it. 'Union' has been and should be an essential part of the University, the necessary corrective measures cannot be taken by the University Administration alone or by teachers; it must be a joint initiative of students, teachers, University Administration, District Administration as well as Hon'ble Courts. The constitution of the Union requires change and improvement.
(underlined to lay emphasis)
6. These Student Leaders (namely- Ajit Kumar Yadav, Brijendra Kumar Mishra, Bihari Lal Ambar, Suresh Chandra Yadav, and Kalpana) present in Court, confessed that pasting posters, writing on buildings, use of loud-speakers, students' processions, Torch/Mashal inside or outside educational institutions cannot be justified or approved. For ready reference, we quote below relevant extracts of their Joint statement /declaration.
1- pquko ds nkSjku cSuj] iksLVj vkSj gksfMZax ls ikV fn;k tkrk gS ftlls lkoZtfud Hkou vkSj 'kgj xUns gks tkrs gSaA blls fuiVus ds fy, gekjk lw>ko gS fd pquko izpkj ds fy, cSuj] iksLVj vkSj gksfMZax ij iw.kZ ikcUnh gksA ;g ikcUnh pquko izfdz;k dk vfHkUu vkSj fof/kd vax gksA izpkj ds fy, dsoy lhfer la[;k esa gS.Mfcy ds iz;ksx dh vuqefr gksuh pkfg,A &&&&&&&&&& 5- pquko izfdz;k vkSj erx.kuk esa ikjnf'kZrk lqfuf'pr djus ds fy, fo'ofo|ky; iz'kklu o Nk=la?k ds vke jk; ls izHkoh dne mBk;sa tk;sa] bl lanHkZ esa ekuuh; mPp U;k;ky; }kjk vko';d lq>ko fn, tk;sa] ftlls pquko izfdz;k esa LoPNrk o ikjnf'kZrk vk ldsA lqjs'k pUnz ;kno c`tsUnz dqekj feJ vthr dqekj ;kno egkea=h mik/;{k v/;{k dYiuk fcgkjh yky vEcj izdk'kuea=h miea=h &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& bykgkckn ;wfuoflZVh ;wfu;u ekuuh; U;k;ewfrZ Jh ,0ds0;ksx fnukad 06&-3&2006 bykgkckn mPp U;k;ky;
bykgkckn fo"k;& ek0 mPp U;k;ky; esa yfEcr bykgkckn ;qfuoflVhZ ;wfu;u pquko l= 2005&06 ds lUnHkZ esa yfEcr tufgr ;kfpdk ij lq>ko ds lEcU/k esaA ekU;oj] Nk=la?k ds pquko esa /kucy] ckgqcy] o vjktdrk jksdus ds lUnHkZ esa Nk=la?k us lHkh fuokZfpr lnL;ksa] iwoZ o orZeku inkf/kdkfj;ksa] Nk= izfrfuf/k;ksa o vke Nk=&Nk=kvksa ls O;kid lEidZ dj fuEu lq>ko fu"d"kZ :i esa vfUre :i ls r; fd;s x;s& 1- bykgkckn ;wfuoflZVh ;wfu;u ds orZeku lafo/kku esa fdlh Hkh izdkj ds la'kks/ku ;k ifjorZu dh vko';drk ugha gS] ;wfu;u dk lafo/kku iwoZ dh HkkWafr ;Fkkor j[kk tk;A 2- pquko izfdz;k esa fu"I{krk] ikjnf'kZrk o fookn jfgr j[kus gsrq erx.kuk esa izR;kf'k;ksa o muds izfrfuf/k;ksa dks j[kk tk;A 3- /kucy o ckgqcy rFkk vjktdrk ij vadq'k gsrq vkpkj&lafgrk tks ekuuh; mPp U;k;ky; ds funsZ'kuqlkj rS;kj dh x;h gS dk izHkkoh vuqikyu lqfuf'pr fd;k tk; rFkk vkpkj lafgrk dk ikyu u djus okys izR;kf'k;ksa dks pquko ds fy, v;ksX; ?kksf"kr fd;k tk;A &&&&& ,slh fLFkfr esa bykgkckn ;wfuoflZVh ds lafo/kku esa fdlh Hkh izdkj ds ifjorZu ;k la'kks/ku dh vko';drk ugha gS] oju~ lafo/kku o vkpkj lafgrk dk dM+kbZ ls ikyu lqfuf'pr djrs gq, erx.kuk esa ikjnf'kZrk dh O;oLFkk dh tk;A lknj] lqjs'k pUnz ;kno c`tsUnz dqekj feJ vthr dqekj ;kno egkea=h mik/;{k v/;{k dYiuk fcgkjh yky vEcj izdk'kuea=h miea=h
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7. At the outset, we may note that so called 'Student' leaders and their 'supporters', involved directly or indirectly (for their self/limited vested interests) do tend to justify their 'illegal-acts including 'Public-Nuisance' in the name of 'Union Elections' of the students as part of their Fundamental Right. It is a wholly misconceived notion harboured out of their ignorance as it is evident on reading para 3 and 4 of the Apex Court's Judgment in the case of University of Delhi and Anr. v. Anand Vardhan Chandal (2000) 10 Supreme Court Cases 628, which read-
3. So far as the student participation in. the election and other union activities is concerned, the Division bench has held the same to be a part of the fundamental right to eduction on the following reasoning;
Once the University admits a student, it becomes its duty to educate him or give him an equal opportunity with others to educate himself. Since the participation in the pinion activities is a part of the total education given by the University equal opportunity has to be given to all students to participate in the union activities. It is necessary to ensure, therefore, that the students after being admitted will have a reasonable time to join the students' union including elections to it...The action of the university authorities firstly in fixing the date of the commencement of the year and secondly in rejecting the petitioner's nomination paper resulted, therefore, in the denial of the exercise of the fundamental right to education by the petitioner.
4. We are of the view that the High Court fell into patent error in holding that once the University admits a student, the right to contest the students' union Elections is a part of the right to education and as such is a fundamental right. The Court in N.P. Ponnuswamy v. Returning Officer, Namakkal Constituency (SCR at p. 236) has authoritatively held that right to participate in Elections to the State Assemblies and Parliament is not a fundamental right. It is only a statutory right. Participation is the students' union activities including Elections cannot be placed on a higher pedestal.
8. Turning to the facts of the case, we may refer to the report dated December 15, 2005, submitted by Prof. G.K. Rai, Chairman. Board of Trustee of Allahabad University Union. Relevant sub-clauses of Para -9 (renumbered) and para 10 are quoted below:
Sub-para (1)-'However, there are some difficulties in enforcing the same comprehensively to the entire satisfaction of the different classes of citizens who are aggrieved by the intrusive impact of the Union Election process....
Sub-para (2)-...but because of the peculiarities of the institutional setting as well as the possibility of serious disturbances in the Election process or the city the option of disqualification (except in the gravest of grave violations) cannot easily be exercised. However, in case there is a Body of eminent citizens mandated by this Hon'ble Court to recommend further action on violations (including disqualification) it would be possible to ensure strict observance of the Code.
Sub-para (6)-... whether the provisions made under the aforementioned GO dated 21.01.2000 that were specifically rescinded by the aforementioned later GOs dated 01.09.2003 and 08.09.2003 could be re-instituted.
Sub-para (8)- 'that with all respects to the political Parties, the general opinion in academic institutions is that most of the distortions in the Student's Unions reflect unwarranted and unhealthy political intrusion/interference/manipulations in the Campus. However this is a complex issue, and educational institutions are not equipped to provide answers. It may be appropriate to have a national debate on these trends. It may be added that there is a healthy realm of ideological orientation of students....
Sub-para (9)- That the Board of Trustees had, in its meeting held on 24.11.2004, i.e. the polling date for the Allahabad University Union Elections 2005, had resolved as follows:
In view of the assurance given by the University authorities and college authorities to the Hon'ble High Court 'to submit the suggestions and detailed report for updating election code and incorporating such provisions which may enable concerned officers to achieve desired object of the Union as well as proper election being held', to hold a series of consultations with distinguished citizens, the University/College/district Administration and the student community for introducing procedural reforms and updating the Election Code so that the desired objectives of the Union are achieved without causing any public nuisance and defacement of private/public building and other institutions, and further to promote steps for discouraging political interference and use of 'money and muscle 'power in the Students' Union Elections.
It is respectfully submitted that the support of this Hon'ble Court to the foregoing proposal shall be of great and valuable help in the organisation and conduct of such a consultation.
Para 10- That this REPORT is being submitted with the full confidence that this Hon'ble Court shall provide sage guidance and effective solutions.
(underlined to lay emphasis)
9. Following annexures-part of the said report, are also reproduced:
izs"kd] vkj0 je.kh] izeq[k lfpo mRrj izns'k 'kkluA lsok esa] dqyifr] leLr jkT; fo'ofo|ky;] mkj izns'kA mPp f'k{kk vuqHkkx&1 y[kum fnukad 01 flrEcj] 2003 fo"k;% fo'ofo|ky;ksa ,oa egkfo|ky;ksa esa Nk=la?kksa ds pquko djk;s tkus ds laca/k esaA egksn;] mi;qZDr fo"k; ij eq>s ;g dgus dk funZs'k gqvk gS fd fo'ofo|ky;ksa ,oa egkfo|ky;ksa esa lkSgknZiw.kZ okrkoj.k cukus ,oa Nk= vuq'kklu lqfuf'pr djus ds mn~ns'; ls 'kklukns'k la[;k% 2%11 @lRrj&1&2003&15 12 1 @ 1964 fnukad 21 tuojh 2000 }kjk fuEu fu.kZ; fy;s x;s Fks% &&&&&&& [k izR;k'kh dh mez 25 o"kZ ls vf/kd ugha gksxhA x ;fn dksbZ izR;k'kh ,d gh d{kk esa ,d ckj ls vf/kd vuqkh.kZ gqvk gS] ;k Mz~ki fd;k gS ;fn og f}rh; ckj ijh{kk esa u Hkh cSBk gks rks og pquko ds fy, v;ksX; gksxkA &&&&&&&&&& 1 Nk= la?k dh lnL;rk ,sfPNd oksyUVjh gksxhA blds fy, fdlh izdkj dk ncko ,oa izfrcU/k oftZr gksxk] 2 izR;k'kh fdlh vijkf/kd ?kVuk esa fyIr vFkok nf.Mr ugha gksuk pkfg, ftlds lEcU/k esa izR;k'kh dks ,d 'kiFki= nsuk gksxkA 3 izR;k'kh lacaf/kr egkfo|ky;@fo'ofo|ky; dk laLFkkxr Nk= gksuk pkfg,A pquko izpkj esa izR;k'kh dks fuEu funsZa'kksa dk ikyu djuk gksxk%& 1- pquko ds lEiknu gsrq fo'ofo|ky;@egkfo|ky;ksa }kjk ?kksf"kr ekudks dk ikyu pquko izpkj ,oa ernku dh frfFk ds le; dBksjrk ls fd;k tk;sxkA &&&&&&& 3- pquko izpkj ,oa pquko lacaf/kr eqfnzr lkexzh esa fdlh jktuSfrd ny dh izfrc)rk ,oa lEc)rk O;Dr ugha dh tk ldsxhA 4- pquko izpkj ds fy, f'k{k.k laLFkk ds izkax.k ,oa mlds ckgj nhokjksa ij fy[kuk iw.kZ :i ls oftZr gksxkA 5- fdlh laLFkk vFkok vU; fdlh }kjk yxk;s x;s gksfMax dks u rks jaxk tk;sxk vkSj u er izkIr djus ds fy, ml ij fy[kk tk;sxkA 6- pquko izpkj d{kkvksa ds yxus ds le; ugha fd;k tk;sxkA 7- pquko izpkj dk tqywl laLFkk izkax.k ds ckgj ugha fudkyk tk;sxkA 8- dsoy ,d tqywl ,d izR;klh }kjk iwjs pquko ds le; esa ,d ckj fudkyk tk ldsxkA 9- izpkj ,oa ernku ds fnu fdlh gfFk;kj ,oa okgu dk iz;ksx izR;k'kh ,oa mlds leFkZd izpkjd }kjk ugha fd;k tk;sxkA 10- izR;k{kh ,oa mlds leFkZd d{kk esa ?kqldj izpkj ugha dj ldsaxs] u gh d{kk dh 'kkfUr dks Hkax djsaxsA 11- izR;k'kh dks mlds leFkZd laLFkk ds izkax.k ,oa mlds ckgj ykmMLihdj dk iz;ksx ugha dj ldsaxsA &&&&&&&& 23- ;fn pquko izR;k'kh vuq'kklughurk ,oa xzkl feldUMDV dk nks"kh ik;k tkrk gS rks laLFkk dks mlds pquko dks jn~n djus dk vf/kdkj gksxkA &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& la[;k 2349 [email protected]&1&2003&1512 [email protected] vkj je.kh] izeq[k lfpo mRrj izns'k 'kklu lsok esa] dqyifr leLr jkT; fo'ofo|ky;
d`i;k mi;qZDr fo"k;d 'kklukns'k la[;k 2270 @ lRrj&1&2003&15 12 [email protected]] fnukad 01 flrEcj] 2003 dk lUnHkZ xzg.k djus dk d"V djsaA mDr 'kklukns'k }kjk iwoZ esa fuxZr 'kklukns'k la[;k% [email protected] lRrj&1&2000 15 12 1 21 tuojh] 2000 ds izLrj [k rFkk x dks foyqIr djus rFkk izLrj p esa vkaf'kd la'kks/ku djrs gq, ;g vkns'k fn;s x;s Fks fd Nk=la?k pquko 15 vDVwcj] 2004 rd izR;sd n'kk esa lEiUu djk fn;s tk;WA &&&&&&&& 3- eq>s ;g Hkh dgus dk funsZ'k gqvk gS fd mi;qZDr 'kklukns'k fnukad 01&09&2003 ds layXud ^Nk= la?kksa ds lEcU/k esa vkpkj lafgrk* ds foUnq&1 esa mfYyf[kr ^Nk=la?k dh lnL;rk ,sfPNd ofyUVjh gksxhA blds fy, fdlh izdkj dk ncko ,oa izfrcU/k oftZr gksxk** ds LFkku ij i<+k tk;s% Nk=la?k dh lnL;rk fo'ofo|ky;[email protected]|ky;ksa esa laLFkkxr fo|kfFkZ;ksa ds fy, vfuok;Z gksxhA 4- 'kklukns'k la[;k [email protected]&1&2003&15 [email protected]] fnukad 01 flrEcj] 2003 ds 'ks"k izkfo/kku ;Fkkor jgsaxsA Hkonh;] vkj0 je.kh izeq[k lfpo &&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&& vkpkj lafgrk bykgkckn fo'ofo|ky; Nk=la?k pquko 2005&06 pquko izpkj esa izR;k'kh dks fuEu funsZ'kksa dk ikyu djuk gksxk%& 1- pquko ds lEiknu gsrw fo'ofo|ky;ksa }kjk ?kksf"kr ekudksa dk ikyu pquko izpkj ,oa ernku dh frfFk ds le; dBksjrk ls fd;k tk;sxkA 2- y[kum U;k;ky; ds ekuuh; U;k;ewfrZ ,l0,p0,0jtk ,oa ekuuh; U;k;ewfrZ Jh eSfFkyh'kj.k }kjk ;kfpdk la[;k&3748 ,e0ch0 o"kZ 1998 esa Nk=la?kksa ds pquko ds lEcU/k esa fn;s funsZa'kksa dks ?;ku esa j[krs gq, vko';d funsZa'kksa dks bl vkpkj lafgrk esa lek;ksftr fd;k x;k gSA 3- pquko izpkj ,oa pquko lacaf/kr eqfnzr lkexzh esa fdlh jktuhfrd ny dh izfrc)rk ,oa lEc)rk O;Dr ugha dh tk ldsxhA 4- pquko izpkj ds fy, f'k{k.k laLFkk ds izkax.k ,oa mlds ckgj nhokjksa ij fy[kuk iw.kZ :i ls oftZr gksxkA 5- fdlh Hkh laLFkk vFkok ,tsalh }kjk yxk;s x;s gksfMZax dks u rks jaxk tk;sxk vkSj u er izkIr djus ds fy, ml ij fy[kk tk;sxkA 6- pquko izpkj ds nkSjku ifjlj ds vUnj ,oa ckgj okgu tqywl izfrcfU/kr jgsxkA 7- pquko izpkj ds nkSjku fdlh gfFk;kj ,oa okgu dk iz;ksx izR;k'kh ,oa mlds leFkZd&izpkjd }kjk ugha fd;k tk ldsxkA 8- izR;k'kh ,oa mlds leFkZd d{kk esa ?kqldj izpkj ugha dj ldsaxs] u gh d{kk dh 'kkafr dks Hkax dj ldsxsA 9- izR;k'kh vFkok mlds leFkZd fo'ofo|ky; izkax.k ,oa mlds ckgj ykmMLihdj dk iz;ksx ugha dj ldsaxsA 10- iq:"k izR;k'kh efgyk Nk=kokl esa izpkj ds fy, ugha tk;saxsA 11- izR;k'kh ,oa mlds leFkZd izpkj ds le; gS.Mfcy] ipsZa ,oa dkMZ vkfn forfjr dj ldsaxsA 12- izR;k'kh ,oa mlds leFkZd d{kkvksa ds ckn ,oa b.Vjoy ds le; izpkj dj ldsaxsA 13- dksbZ Hkh izR;k'kh vFkok mlds leFkZd ,sls ukjs ugha yxk;sxk ;k izpkj lkexzh ugha ckaVsxk ftlls lEiznk;okn] tkfrokn ;k {ks=okn dh Hkkouk mHkjs ;k fdlh izR;k'[email protected] leFkZd dk pfj= guu gksA v'yhy ukjksa ij iw.kZ izfrcU/k gSA 14- izR;k'kh izkWDVj dh vuqefr ls fo'ofo|ky; ifjlj esa d{kkvkas ds ckn ehfVax dj ldsaxsA ysfdu bles ckgj ds O;fDr dks ugha cqyk ldsaxsA 15- v/;{k ,oa mik/;{k in ds izR;kf'k;ksa dks fu/kkZfjr frfFk ij n{krk Hkk"k.k djuk gksxkA 16- lHkh izR;kf'k;ksa dks ,d 'kiFki= Hkjuk gksxk fd ;fn bl vkpkj lafgrk dk mYya?ku djsaxs rks mUgsa pquko ls ^fMckj* fd;k tk ldrk gSA 17- pquko izpkj esa iz;qDr /ku dh lhek 10 gtkj rd gksxhA izR;k'kh ,oa mlds leFkZd fdlh Hkh O;fDr] laLFkk ,oa ,tsUlh ls pquko dks"k ds fy, /ku ,df=r ugha dj ldsaxsA pquko ds ckn mUgsa vius [kpZ dk fooj.k nsuk gksxkA ;fn bldk mYya?ku ik;k x;k rks mldk pquko jn~n dj fn;k tk;sxkA 18- n{krk Hkk"k.k ds nkSjku Nk=la?k Hkou esa izR;k'kh ds vykok dsoy iwoZ v/;{kksa dks izos'k dh vuqefr gksxha A 19- pquko izfdz;k ds nkSjku ;fn dksbZ izR;k'kh vuq'kklughurk ,oa ^xzkl feldUMDV* dk nks"kh ik;k tkrk gS rks fo'ofo|ky; dks mlds pquko dks jn~n djus dk vf/kdkj gksxkA 20- pquko izpkj ds uke ij uxj dh 'kkfUr O;oLFkk Hkax djus dh vuqefr fdlh izR;k'kh dks ugha nh tk;sxhA 21- pquko izpkj ds nkSjku fo'ofo|ky; ifjlj ,oa 'kgj ds vUnj ykmMLihdj dk iz;ksx izfrcfU/kr gksxkA dsoy pquko dh iwoZ la/;k ij pquko izpkj gsrq ykmM Lihdj ds iz;ksx ,oa Lfkku dh vuqefr izkWDVj }kjk nh tk;sxhA ,d izR;k'kh }kjk dsoy nks gkuZ dk iz;ksx fd;k tk ldsxkA 22- U;k;ky; }kjk ltk izkIr yksxksa dks pquko yM+us dh vuqefr ugha gSA uksV& iwjs pquko izfdz;k dh ohfM;ksxzkQh dh tk;sxh ftlds vk/kkj ij lEcfU/kr izR;k'kh ds O;ogkj dk ewY;kadu fd;k tk;sxkA th0ds0jk; ,p0,l0 mik/;k;
v/;{k] U;klh e.My fuokZpu vf/kdkjh bykgkckn ;qfuoflZVh ;wfu;u b0fo0fo0Nk=la?k pquko 2005&06
10. In the above, it is clear that 'Election Code' on record itself prohibits placing/fixing posters, Banners-spoiling or damaging buildings/properties during election.
11. In the end of the report, he has unhesitatingly solicited support from Court to check 'Public Nuisance' during 'Students' Union Elections' in the University.
12. Prof. Hari Shankar Upadhyaya, Returning Officer. Allahabad University Students' Union Election-2005-06, has also submitted a Report on record which is reproduced:
That a meeting of Allahabad University, District administration, Allahabad University Ex-Union Presidents and the Disciplinary Committee of the Union election 2005-2006 was held on 19-11-2005 at 5.00 PM in the Students Union Hall regarding the enforcement of the Hon'ble Allahabad High Court at Judicature order. It was resolved.:
(a) That an appeal be made to the prospective candidates by the Returning Officer of Allahabad University Union Election 2005-2006 through the print media regarding the strict enforcement of the Hon'ble High Court order and also the avoidance of the breach of model code of conduct meant for the Union Election 2005-2006.
The Returning Officer, as per the resolution, made appeals regarding the enforcement of the order of the Hon'ble High Court and also the compliance of the model code of conduct through the print media.
(b) That the on going joint operations of Allahabad University and the District administration be further strengthened and wall posters, hoardings, wall writing and banners be removed from the University Campus and the City as a whole so that public and private property is not damaged and no inconvenience is caused to the public in general. The banners and hoardings recovered during the operation were confiscated and destroyed.
Accordingly, in compliance of the above resolution, joint operation was launched on 20th November, 2005 at 1:00 p.m. And posters, wall writing, banners, and hoardings were removed from the University Campus and the city as a whole. The operation continued up till late in the night and in one case the services of the fire Brigade were requisitioned to remove the hoardings.
(c) That a Video Recording of the Union election process be done in general and the joint operations of the District administration and the University in particular be also covered, so that a record of the action taken be maintained for record.
Accordingly, necessary action in this regard was taken and Video Recording was done.
(d) That the Disciplinary notice was served to as many as 18 prospective candidates of the Union election 2005-2006 from time to time....The Disciplinary Committee is processing these cases.
(e) ....
(f) ....
The University administration take this opportunity to assure the Hon'ble High Court that every precaution will be taken in this regard not only in the present Union Election but also in future and stringent measures will be framed for the future "
(underlined to lay emphasis)
13. In brief, the University Administration accepts that there has been violation of 'Union-election Code' but concedes to have failed to take 'effective-action' in law for various reasons (including lack of 'Will-power' of the concerned). It is suggested that without 'deterrent' measures 'positive results' cannot be achieved.
14. At this stage, it may be recalled that this Court, in the present Public Interest Litigation, is not called upon to decide the issue of 'relevance of 'students' union' or desirability of 'amendments' in the Constitution of these Unions. The issue is-'how to check 'public nuisance' during students' Union-Elections-affecting 'Ecology'/'Environment in the City' and 'how 'Fundamental Rights' guaranteed under Constitution of India to the citizens residing in Allahabad can be protected?'
15. Offence of - 'Public Nuisance' has been defined under Section 268, Indian Penal Code-thus:
A person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right.
A common nuisance is not excused on the ground that it causes some convenience or advantage.
16. 'Preamble' contained in 'The New Constitution of The Allahabad University Union' proclaims-Whereas the Allahabad University Union has been constituted by Ordinances for the maintenance of discipline among the students of the University.
17. Some other relevant provisions of the said 'Constitution' are also reproduced:
13(d) All candidates for any election referred to in Sub-clause (a) shall strictly observe the Code of Conduct prescribed for such candidates, by the Board of Trustees with the approval of the Patron, on the basis of such Rules as may be made by the Executive Council from time to time, 13(e) There shall be a Committee of observers appointed by the patron in accordance with the directions of the Executive Council to closely monitor the due observance of the Code of Conduct referred to in Sub-clause (d) by the candidates and their supporters during the entire election process and to apprise the Board of Trustees of instances of the breach of the said Code and the Board of Trustees or the Returning Officer shall have the power of disqualify or impose any other penalty on any candidate after giving him the opportunity to he heard in the matter on a notice of not more than one day, for any breach of the said code.
(underlined to lay emphasis)
18. More or less, similar provisions find place in the Constitution of Chaudhary Mahadev Prasad Degree College, Allahabad Students' Union.
19. Past experience shows that students' 'Union' may or may not have achieved anything but unwittingly it has marred 'Academic atmosphere' and proved counter to its solemn object; namely 'Discipline'. For so many reasons, Administration of Universities/Colleges have failed to disqualify a candidate even in case of blatant breach of 'Election Code'.
20. 'Political Parties'/Persons openly patronise 'candidates' in the Union Elections. 'Money', 'Muscles', 'Machine-Guns' dominate elections in educational-institutions. This is no more a secret. Daily News papers are full of reports to show that Universities, Colleges and District Administrations are humbled and only a moot spectator to the show enacted in breach of 'Election Code'.
21. Indiscipline is on geometrical rise. 'Academic atmosphere' in Colleges/Universities in the State (particularly during election of students' union) is in critical phase. This is now a 'national-problem' and cannot be cured by ordinary measures. Stringent action is the need and call of hour.
22. In Writ Petition No. 3748 (M/B) of 1998- Outdoor Advertising Agencies Association and Ors. v. State of U.P. vide judgment and order dated 10-12-1998 a Division Bench of this Court observed-
In the recent past the elections of the student unions in the Lucknow University as well as the Degree Colleges and other Colleges have created law and order problem in the city of Lucknow. The candidates capture hoardings, kiosks and banners etc. which were put by the advertising agencies who pay fee/tax to the Municipal Authorities, defaced them, put the names of the candidates upon them to solicit the votes from the members of the Union, as a result of which the advertising agencies suffered huge losses, it has been submitted that the Municipal Authorities as well as the District administration have failed to stop such activities.
Besides the above during election campaign frequent use of loud speakers within and outside the campus has also become a nuisance, as a result of which not only the noise pollution increases to alarming position but also created lot of law and order problem as there is always possibility of scuffle in between the rival candidates on the streets of Lucknow.
The candidates paint walls within the campus of the University/College as also outside the premises and fix hoardings without making any payment to the authorities, put panel board on streets, erect gates on roads etc. This Court has always been of the view that every person has a right to form association. University students have also a right to form association to represent their grievance but the elections which may take place should be in accordance with the Code of Conduct, so that there may not be any nuisance and law and order problem in the city.
In view of the aforesaid reasons we formulate the following guidelines which must be followed and adhered to by every candidates and shall be enforced and implemented by the University Authorities as well as the District administration and the Nagar Palika Authorities.
1. There will be complete ban on wall writing within and outside the campus by the candidates or their supporters.
2. They shall have no right to capture hoardings, put by the advertising agencies with the permission Nagar Palika Authorities, deface and paint them to solicit votes.
3. There will be complete ban on procession within and outside the University campus, by each and every candidate....
10. the Vice Chancellor of the University shall be fully entitled to disqualify the candidate for violating the aforesaid guidelines.
(underlined to high light)
23. The State of U.P. issued G.O. Dated 1.9.2003 (communicating relevant contents of G.O. dt. 21.1.2000) which provided that no student, who has attained 25 years of age, shall be eligible for contesting the Union elections and one who has failed more than once in last class or who indulges in writing on walls/buildings, takes out processions and /or uses Loudspeakers in side or outside educational institutions was strictly prohibited. Every candidate was required to file an affidavit giving declaration to honour 'Election Code' and in case of breach of such declaration, such candidate was to expose himself for being disqualified in the elections in question. The G.O. further provided that 'membership' of 'Students-union' was optional/voluntary. The said G.O. was subsequently, within a week, modified vide G.O. dated 8-9-2003 and real remedial provisions, (viz. restrictions of age, 'academic performance', making membership optional etc.,) were withdrawn. The other provisions prohibiting slogan writing, spoiling/damaging buildings, inside or outside educational institution, use of Loudspeakers and requirement of filing of affidavit were retained. This reflects upon lack of 'Will' on the part of State Government (irrespective of Political Party/Parties in power).
24. Prof. G.K. Rai, Chairman, Board of Trustees, Allahabad University Students' Union has also brought on record a copy of Resolution No. 5/2003 dated 13.9.2003 which shows that a decision was taken by the University to constitute a three member 'Surveillance Commission' with a retired-Judge, a retired administrative officer and a retired police officer to ensure compliance of 'Election Code' and in case of its violation, action to be initiated against erring students. Nothing is brought on record to show whether any follow up action was taken, and if so. what has been the result. In our assessment, committees, advisory or recommendatory bodies consisting of 'Retired Officers' are of no avail, in our opinion, it is too much to expect positive results from such Committees/Bodies, considering the root cause of this problem.
25. From categorical stand taken by the Authorities/Officers of the University before this Court, it is more than clear that it has its limitations/reservations due to increasing political interference by outsiders with the 'autonomy' of the 'University' /'College' and on other these so called 'Student Leaders' have political patronage and protection. There is no 'lack of 'bonafide' desire on the part of University/College administration but only a genuine 'hitch' to take 'effective' action to control 'erring elements' in their institutions due to valid apprehension of being themselves victimised. Problem is that student leaders-their supporters (who have no love for academics and hardly fit in the definition of Student) enjoy political patronage whereas University/College Administration finds itself exposed to vindictive action and /or helpless before 'Political Power" and is denied protection/Support of political power. State Government and University Authorities should put their heads together to meet the challenge.
26. Reports submitted by Sri H.S. Upadhyay, Returning Officer. Students Union Election and Sri G.K. Rai show that candidates participating in 'Students' Union Election' continue to indulge unabatcdly in pasting posters/banners and writing on walls and defacing/damaging public/private buildings/public sign boards with impunity.
27. It was only when Court intervened, that the 'student leaders'-pretended to wash/remove posters/banners and wall writings. The irony of the present situation is that Court is called upon to provide solution to check public nuisance by student leaders, while, as is the common experience posters, banners and wall writing etc. is being undertaken by so called peoples' representative, political parties/organisations with impunity.
28. To sum up. court orders in the past have been ignored and not complied. 'Election Code' has not been honoured. All concerned still desire a solution.
29. In the above back-drop, and if possible, to achieve the object and ensure that no 'Public Nuisance'- is caused by students (their leaders and supporters), during elections in University/College we issue following directions:
1. A student candidate in any election of College/University-in future, shall be 'deemed-disqualified' if he or his supporters- directly or indirectly, indulge/s. in 'wall-writing', pasting posters, fixing banners inside or outside educational institution in question or in this respect acts in breach of 'Election Code of Conduct', if any.
2. A candidate-shall be deemed guilty of 'Gross Contempt of Court' and expose himself to such punishment as this Court may award if matter is brought to its notice. Even College/University administration (concerned officer/authority shall be guilty of contempt if action is not initiated if Election Code is violated.
3. Candidate guilty of violating 'Code of Conduct' or this order shall also pay/deposit Rs. 50,000/- as fine within two WEEKS of receipt of Notice by College/University Administration and in default of it name of such candidate shall be deemed to have been removed from the roll of the University /College.
4. Any student, including 'election candidate' who create 'public nuisance' in any manner-particularly by writing on walls, fence, sign boards, or cause damage to public/private buildings, Vehicles etc. shall earn an entry 'to this effect' in his Transfer/Migration Certificate or Character Certificate.
30. A copy of this order shall be sent to the Chief Secretary as Govt. of U.P. for information and compliance by notifying it to the Vice Chancellors/Registrars of all the State Universities, Principals, Managers/Secretaries of Associated /Affiliated Colleges, and the like for information, necessary action, and enforcement of the above directions.
31. Application is accordingly disposed of.