…………………….College,……………..
No. 2960/2010/1/Elen Dated: 13-09-2010
ELECTION NOTIFICATION
Sub: Election to ……………………….. College Union 2010-11 – reg.
Ref: Letter No. 2960/2010/1/Elen dated 02-09-2010 of the Registrar,
Mahatma Gandhi University.
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In compliance with the directions issued by the Mahatma Gandhi University, it is
hereby notified under Clause 5 of the Rules for the Conduct of Elections to College Unions
contained in the Constitution for College Unions that an election will be held to elect the
following office bearers and members of the executive committee of the
……………………… ……………………………………College Union, 2010-11.
Sl.No. Name of Post No. of Seats.
1. The Chairman 1
2. The Vice-Chairman 1
3. The General Secretary 1
4. The Councillor(s) to the University Union 1 or 2
5. The Editor of the College Magazine 1
6 The Arts Club Secretary 1
7 Representatives 1 each for each year
8 Lady Representatives 2
1. In mixed Colleges the Vice-Chairman shall be a lady student.
2. The number of Councillors from each college will be restricted to one where the strength of the students is less than 500
and to two where it is 500 or more.
3. The post of Lady Representatives exist only in mixed colleges
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The office bearers mentioned at SI. Nos. 1,2,3,4,5 and 6 are to be elected by and from the
entire student community, of the college. However, the election to the post of Vice-Chairman
(SI.No.2) shall be elected by the entire student community of the college from among the lady
students as far as mixed colleges concerned.
Representatives (SI.No.7) are to be elected by and from among the students of each year
of the Degree and Post-Graduate Courses. .
Lady Representatives (SI.No.8) are to be elected by and from among the woman students
of the college. (Only in mixed Colleges).
The following is the schedule for the election.
Sl.No. Programme Date
1. Date of Notification 13-09-2010, 10.30 a.m
2. Date of Publication of Electoral Roll 14-09-2010, 10.30 am
3 Last date and hour for filing 15-09-2010, 12.00 Noon
complaints regarding the Electoral Roll
4. Publication of the Final Electoral Roll 16-09-2010, 03.30 pm
5 Last Date and Hour for receipt 22-09-2010, 2.00 pm
of Nomination
6. Scrutiny of Nomination 22-09-2010, 2.05 pm
7. Publication of the list of 22-09-2010
valid nominations
8. Withdrawal of candidature 23-09-2010, 11.00 am
9. Publication of the final list of Candidate 23-09-2010, 3.30 pm
10. Polling 01-10-2010,10.00 am to 1.00 pm
11. Scrutiny & Counting of Votes 01-10-2010 2 pm onwards
Only those full-time regular students whose names are on the Electoral Roll are
eligible to take part in the election. Requests, if any, for making any correction, alteration
or deletion in the Electoral Roll shall be submitted to the Returning Officer within the
time limit fixed.
Every elector shall be at liberty to nominate a qualified student to fill up a vacancy. The
eligibility criteria prescribed by the Honourable Supreme Court of India shall strictly be followed.
Every nomination shall be in the prescribed form and shall be made by an elector in writing, and
shall be seconded by another elector. Every such nomination shall be accompanied by the consent
of the nominee agreeing to serve on the College Union / Department Students' Union, if elected.
The candidate shall furnish the required declarations on the Nomination Paper and then obtain the
verification report from the concerned Head of the Department on the Nomination Paper. The
Nomination paper in sealed covers must be caused to be deposited in the box kept by the
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Returning Officer in his office on or before 2.00 p.m. on 22.09.2010. Copies of the Nomination
Paper are available in the Office of the Returning Officer.
Any candidate may withdraw his/her candidature by notice in writing signed him/her
and delivered in person or through messenger to the Returning Officer on or before 11.00
a.m. on 23.09.2010 Withdrawal once made shall be final.
The candidates or their agents, if any, appointed in writing and approved by the
Returning Officer alone shall be permitted to be present on the occasions of scrutiny of
nominations, polling and scrutiny and counting of votes.
The Identity Cards shall be produced on the above occasions and while turning up for
voting.
The Honourable Supreme Court of India have perused the Report of the Committee,
headed by Mr. J. M. Lyngdoh, former Chief Election Commissioner, constituted by the
Ministry of Human Resource Development, Government of India for making
recommendations and suggestions relating to the Students' Union Elections in terms of the
order of the Supreme Court dated 12.12.2005. The Supreme Court have accepted the
recommendations as an interim measure and directed to implement the recommendations
subject to such modifications indicated therein. The recommendations have been
incorporated as a part of the order. The Supreme Court have also made it clear that the
recommendations made, which the court have accepted to be adopted as an interim
measure, shall be followed in all College/University Elections, to be held hereinafter, until
further orders. The full text of the verdict of the Supreme Court is reproduced
hereunder and forms part of this election notification. All the recommendations made
by the committee and accepted by the Supreme Court are applicable to this election.
The directives of the Supreme Court shall be supplementary to the clauses contained in the
Constitution for College Unions and the rules for the conduct of elections to College
Unions contained therein and the same shall supersede any of the clauses that are
inconsistent with it.
ITEM NO. 6 COURT NO. 5 SECTION XIA
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SUPREME COURT OF INDIA
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Civil) No(s) 24295/2004
(From the judgement and order dated 24/06/2004 in WP No. 30845/2003
Of the HIGH COURT OF KERALA AT ERNAKULAM
UNIVERSITY OF KERALA
Petitioner(s)
VERSUS
COUNCIL, PRINCIPALS’, COLLEGES, KERALA & ORS
Respondent(s)
(With prayer for interim relief and office report)
WITH SLP( C) NO. 24296-24299 OF 2004
(With prayer for interim relief and office report)
Date: 22/09/2006 These petitions were called on for hearing today.
CORAM:
HON’BLE MR. JUSTICE ARIJIT PASAYAT
HON’BLE MR. JUSTICE LOKESHWAR SINGH PANTA
For Petitioner(s) Mr. R Sathish, Adv.
For Respondent(s) Mr. Gopal Subramaniam, A.S.G
Union of India Mr. Abhishek Tewari, Adv.
Mr. P Parmeswaran, Adv.
Mr. E.M.S. Anam, Adv.
Mr. K R Sasiprabhu, Adv.
Mr. G Prakash, Adv.
Mrs. Beena Prakash, Adv.
Mr. K D Dileep Kumar, Adv.
Mr. T.G Narayanan Nair Adv.
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Mr. M P Vinod, Adv.
Mr. Ajay K Jain, Adv.
Mr. Sajith P, Adv.
Mr. M K Michael, Adv.
Mr. S M Jadhav, Adv.
Mr. K Rajeev, Adv.
Mr. M K D Namboodiri, Adv.
UPON hearing counsel the Court made the following.
ORDER
Heard.
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 Students' Union Elections. We are, prima-
facie, of the view that the recommendations need acceptance and as an interim measure, we
direct the following recommendations to be implemented, subject to such modifications
indicated hereinafter. 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
practiced 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 restored 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, convert 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 a 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.
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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 representation 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 body.
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.
6.2 Modes of Elections
6.2.1 A system of direct election of the office bearers of the student body, whereby all
students of all constituent colleges, as well as all students of university departments
vote directly for the office bearers. This model may be followed in smaller
universities with well-defined single campuses (for e.g. JNU/University of
Hyderabad, and with a relatively smaller student population. A graphic
representation of this model is annexed herewith at Annexure IV-A. In respect of
universities with large, widespread campuses and large student bodies either of the
following models may be adopted.
6.2.2 A system of elections, where colleges and campuses directly elect college and
campus office bearers, as well as university representatives. The university
representatives form an electoral college, which shall elect the university student
union office bearers. A graphic representation of this model is annexed herewith at
Annexure-IV-B.
6.2.3 A system of elections where on one hand, directly elected college and campus
office bearers, as well as university representatives. The university representative form an
electoral college which shall elect the university student union office bearers. A graphic
representation of this model is annexed herewith at Annexure IV-B.
6.2.3 A system of elections where on one hand, directly elected class representative elect
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the office bearers of the college as well as the university representatives, and the campus
itself directly elects the campus office bearers and the university representatives. The
university representatives shall form an electoral college, which shall elect the office bearer
of the university student union. A graphic representation of this model is annexed herewith
at Annexure IV-C.
6.2.4 A system of election wherein class representatives shall be directly elected in the
colleges and universities campus and they in turn shall elect the office bearers for
the college unions and the university campus union. Also they shall elect their
representatives for university student union. These elected representative from
colleges and university campus shall form the Electoral College, which shall elect
the office bearers of the university student union. This model shall be applicable to
large university with large number of affiliated colleges. A graphic representation
of this model is annexed herewith at Annexure IV-D. 6.3 Disassociation of Student
Elections and Student Representation from Political Parties.
6.3.1 During the period of the elections no person, who is not a student on the rolls of the
college/ university, shall be permitted to take part in the election process in any
capacity. Any person, candidate, or member of the student organisation, violating
this rule shall be subject to disciplinary proceedings, in addition to the candidature,
as the case may be being revoked.
6.4 Frequency and Duration of Election Process
6.4.1 It is recommended that the entire process of elections, commencing from the date of
filing of nomination papers to the date of declaration of results, including the
campaign period, should not exceed 10 days.
6.4.2 It is further recommended that elections be held on a yearly basis and that the same
should be held between 6 to 8 weeks from the date of commencement of the
academic session.
6.5 Eligibility Criteria for Candidates
6.5.1 Under graduate students between the ages of 17 and 22 may contest elections. This
age range may be appropriately relaxed in the case of professional colleges, where
courses often range between 4 to 5 years.
6.5.2. For Post Graduate Students the maximum age limit to legitimately contest and
election would be 24 - 25 years.
6.5.3 For research Students the maximum age limit to legitimately contest an election
would be 28 years.
6.5.4 Although, the Committee would refrain from prescribing any particular minimum
marks to be attained by candidate, the candidate should in no event have any
academic arrears in the year of contesting the election.
6.5.5 The candidate should have attained the minimum percentage of attendance as
prescribed by the university or 75% attendance, whichever is higher.
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6.5.6 The candidate shall have one opportunity to contest for the post of office bearer,
and two opportunities to contest for the post of an executive member.
6.5.7 The candidate shall not have a previous criminal record, that is to say he should not
have been tried and/or convicted of any criminal offence or misdemeanour. The
candidate shall also not have been subject to any disciplinary action by the
University authorities.
6.5.8 The candidate must be a regular, full time student of the college/university and
should not be a distance/proximate education student. That is to say that all eligible
candidates must be enrolled in a full time course, the course duration being at least
one year.
6.6 Election - Related Expenditure and Financial Accountability
6.6.1 The maximum permitted expenditure per candidate shall be Rs.5000/-.
6.6.2 Each candidate shall, within two weeks of the declaration of the result, submit
complete and audited accounts to the college/university authorities. The
college/university shall publish such audited accounts within 2 days of submission
of such accounts, through a suitable medium so that any member of the student
body may freely examine the same.
6.6.3 The election of the candidate will be nullified in the event of any non-compliance or
in the event of any excessive expenditure.
6.6.4 With the view to prevent the inflow of funds from political parties into the student
election process, the candidates are specially barred from utilizing funds from any
other sources than voluntary contributions from the student body.
6.7 Code of Conduct for Candidates and Elections Administrators
6.7.1 No candidate shall indulge in, nor shall abet, any activity, which may aggravate
existing differences or create mutual hatred or cause tension between different
castes and communities, religious or linguistic, or between any group(s) of students.
6.7.2 Criticism of other candidates, when made, shall be confined to their policies and
programs, past record and work. Candidates shall refrain from criticism of all
aspects of private life, not connected with the public activities of the other
candidates or supporters of such other candidates. Criticism of other candidates, or
their supporters based on unverified allegations or distortion shall be avoided.
6.7.3 There shall be no appeal to caste or communal feelings for securing votes. Places of
worship, within or without the campus shall not be used for election propaganda.
6.7.4 All candidates shall be prohibited from indulging or abetting, all activities which
are considered to be "corrupt practices' and offences, such as bribing of voters,
intimidation of voters, impersonation of voters canvassing or the use of propaganda
within 100 meters of polling stations, holding public meetings during the period of
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24 hours ending with the hour fixed for the close of the poll, and the transport and
conveyance of voters to and from polling station.
6.7.5 No candidate shall be permitted to make use of printed posters, printed pamphlets,
or any other printed material for the purpose of canvassing. Candidates may only
utilize hand- made posters for the purpose of canvassing, provided that such hand-
made posters are procured within the expenditure limit set out herein above.
6.7.6 Candidates may only utilize hand-made posters at certain places in the campus,
which shall be notified in advance by the election commission/university authority.
6.7.7 No candidate shall be permitted to carry out processions, or public meetings or in
any way canvass or distribute propaganda outside the university/college campus.
6.7.8 No candidate shall. nor shall his/her supporters, deface or cause any destruction to
any property of the university / college campus, for any purpose whatsoever,
without the prior written permission of the college/university authorities. All
candidates shall be held jointly and severally liable for any destruction/defacing of
any university/college property.
6.7.9 During the election period the candidates may hold processions and for public
meetings, provided that such processions and/or public meetings do not, in any
manner, disturb the classes and other academic and co-curricular activities of the
college/ university. Further such procession/ public meeting may not be held
without the period written permission of the college/university authority.
6.7.10 The use of loudspeakers, vehicles and animals for the purpose of canvassing shall
be prohibited.
6.7.11 On the day of polling. student organizations and candidates shall –
(i) Co-operate with the officers on election duty to ensure peaceful and orderly
polling and complete freedom to the voters to exercise their franchise without
being subjected to any annoyance or obstruction;
(ii) Not serve or distribute any eatables, or other solid and Liquid consumables, except
water on polling day:
(iii) not hand out any propaganda on the polling day.
6.7.12 Excepting the voters, no one without a valid pass/letters of authority from the
election commission or from the college/university authorities shall enter the
polling booths.
6.7.13 The election commission/college/ university authorities shall appoint impartial
observers. In the case of deemed universities and self-financed institutions,
government servants may be appointed as observers. If the candidates have any
specific complaint or problem regarding the conduct of the elections they may bring
the same to the notice of the observer. Observers shall also be appointed to oversee
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the process of nomination of students in institutions that are following the
nominations model of student representation.
6.7.14 All candidates shall be jointly responsible for ensuring the cleaning up of the
polling area within 48 hours of the conclusion of polling.
6.7.15 Any contravention of any of the above recommendations may make the candidate
liable to be stripped of his candidature, or his elected post, as the case may be. The
election commission/ college/ university authorities may also take appropriate
disciplinary action against such a violator.
6.7.16 In addition to the above-mentioned code of conduct, it is also recommended that
certain provisions of the Indian Penal Code, 1860 (Section 153-A and Chapter IX-A
-Offences Relating to Election"), may also be made applicable to student elections.
6.8 Grievances Redressal Mechanism
6.8.1 There should be a Grievances Redressal Cell' with the Dean (Student Welfare)
teacher in charge of student affairs as its chairman. In addition, one senior faculty
member, one senior administrative officer and two final year students- one boy
and one girl (till the election results declared, students can be nominated on the
basis of merit and/or participation in the co-curricular activities in the previous
year). The grievance cell shall be mandated with the redressal of election-related
grievance, including, but not limited to breaches of the code of conduct of elections
and complaints relating to election related expenditure. This cell would be the
regular unit of the institution.
6.8.2 In pursuit of its duties, the grievance cell may prosecute violators of any aspect of
the code of conduct or the rulings of the grievance cell. The grievance cell shall
serve as the court of original jurisdiction. The institutional head shall have appellate
jurisdiction over issues of law and fact in all cases or controversies arising out of
the conduct of the elections in which the grievance cell has issued a final decision.
Upon review, the institutional head may revoke or modify the sanctions imposed by
the grievance cell.
6.8.3 In carrying out the duties of the office, the Grievance cell shall conduct proceedings
and hearing necessary to fulfil those duties. In executing those duties they shall
have the authority:
(i ) to issue a writ of subpoena to compel candidates, agents, and workers, and to
request students to appear and give testimony, as well as produce necessary records;
and (ii ) to inspect the financial reports of any candidate and make these records
available for public scrutiny upon request.
6.8.4 Members of the Grievance cell are prohibited from filing complaints. Any other
student may file a complaint with the Grievance cell, within a period of 3 weeks
from the date of declaration of results. All complaints must be filed under the name
of the student filing the complaint. The Grievance cell shall act on all complaints
within 24 hours after they are received by either dismissing them or calling a
hearing.
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6.8.5 The Grievance cell may dismiss a complaint if:
(iii) the complaint was not filed within the time frame prescribed in Recommendation
8.4 above;
(iv) the complaint fails to state a cause of action for which relief may be granted.
(v) the complainant has not and/or likely will not suffer injury or damage.
6.8.6 If a complaint is not dismissed, then a hearing must be held. The Grievance cell
shall inform, in writing, or via e-rnail, the complaining party and individuals or
groups named in the complaint of the time and place of the hearing. The parties are
not considered notified until they have received a copy of the complaint.
6.8.7. The hearing shall be held at the earliest possible time, but not within twenty-four
(24) hours after receipt of the notice described above, unless all parties agree to
waive the 24- hour time constraint.
6.8.8 At the time, notice of hearing is issued, the Grievance Cell, by majority vote, may
issue a temporary restraining order, if it determines that such action is necessary to
prevent undue or adverse effects on any individual or entity. Any restraining order,
once issued. will remain in effect until a decision of the Grievance Cell is
announced after the hearing or until rescinded by the Grievance Cell.
6.8.9 All Grievance Cell hearing, proceedings, and meetings must be open to the public.
6.8.10 All parties of the Grievance Cell hearing shall present themselves at the hearing.
may be accompanied by any other student from which they can receive counsel, and
have the option to be represented by that counsel.
6.8.11 For any hearing, a majority of sitting Grievance Cell members must be in
attendance with the Chair of the Grievance Cell presiding. In the absence of the
Chair, the responsibility to preside shall fall to an Grievance Cell member
designated by the Chair.
6.8.12 The Grievance cell determine the format for the hearing, but must require that both
the complaining and responding parties appear physically before the board to
discuss the issues through a complaint, answered, rebuttal, and rejoinder format.
The purpose of the hearing is to gather the information necessary to make a
decision, order, or ruling that will resolve an election dispute. To effectuate this
purpose, the following rules should prevail at all hearings:
* Complaining parties shall be allowed no more than two witnesses, however, the
Grievance cell may call witnesses as required. If said witnesses are unable to appear
at the hearing, signed affidavits may be submitted to the Grievance Cell Chair for
the purpose of testifying by proxy.
* All questions and discussions by the parties in dispute shall be directed to the Grievance
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Cell.
* There shall be no direct or cross-examination of any party or witness by complaining or
responding parties during hearings.
* Reasonable time limits may be set by the Grievance Cell provided they give fare and
equal treatment to both sides.
* The complaining party shall bear the burden of proof.
* Decisions, orders and rulings of the Grievance Cell must be concurred to by a majority of
the Grievance Cell present and shall be announced as soon as possible after the
hearing. The Grievance cell shall issue a written opinion of the ruling within 12
hours of announcement of the decision. The written opinion must set forth the
findings of fact by the Grievance Cell and the conclusions of law in support of it.
Written opinions shall set a precedent for a time period of three election cycles for
Grievance Cell ruling, and shall guide the Grievance Cell in its proceedings. Upon
consideration of prior written opinions, the grievance cell may negate the decision,
but must provide written documentation of reasons for doing so.
* If the decision of the Grievance Cell is appealed to the institutional head, the Grievance
Cell must immediately submits its ruling to the commission.
* The Grievance Cell shall select the remedy or sanction most appropriate to both the type
and severity of the infraction, as well as the stand of mind or intent of the violator
as determined by the Grievance Cell. Possible remedies and sanctions include, but
are not limited to, fines, suspension of campaigning privileges, and disqualification
from the election.
* Any fine or total amount of fines against a candidate in an election cycle may not exceed
the spending limit as defined herein above.
* If, after a hearing, the Grievance Cell finds that provisions of this Code were violated by
a candidate, or a candidate's agent or workers, the Grievance Cell may restrict the
candidate, or the candidates agents or workers, from engaging in some or all
campaign activities for some or all of the remainder of the campaign. If an order is
issued covering only part of the remaining period, it shall take effect immediately
so that after its termination, the candidate will have an opportunity to resume
campaigning during the days immediately prior to and including the election days.
* If, after a hearing, the Grievance Cell finds that provisions of either this Code or
decisions, opinions, orders, or ruling of the Grievance Cell have been wilfully and
blatantly violated by a candidate, or a candidate's agents or workers, the Grievance
Cell may disqualify the candidate.
* Any party adversely affected by a decision of the Grievance Cell may fine an appeal with
the institutional head within twenty four (24) hours after the adverse decision is
announced. The institutional head shall have discretionary appellate jurisdiction
over the Grievance Cell in all cases in which error on the part of the Grievance Cell
is charged.
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* The decision of the Grievance cell shall stand and shall have full effect until the appeal is
heard and decided by the institutional heard .
* The institutional head shall hear appeals of Grievance Cell rulings as soon as possible, but
not within twenty four (24) hours after the Grievance cell delivers to the Appellant
and the institutional head a copy of its written opinion in the case. Appeal may be
heard prior to this time, but only if the Appellant waives the right to a written
opinion and the institutional head agrees to accept the waiver.
* The institutional head can issue suitable orders to suspend or halt the operation of the
ruling issued by the Grievance Cell until the appeals are decided.
* The institutional head shall review findings of the Grievance cell when appealed. The
institutional head may affirm or overturn the decision of the Grievance cell, or
modify the sanctions imposed.
6.9 Maintaining Law and Order on the Campus during the Election Process
6.9.1 Any instance of acute lawlessness or the commission of a criminal offence shall be
reported to the police by the university/ college authorities as soon as possible, but
not later than 12 hours after the alleged commission of the offence.
6.10 Miscellaneous Recommendations
6.10.1 Student representation is essential to the overall development of students, and,
therefore it is recommended that university statutes should expressly provide for
student representation.
6.10.2 Student representation should be regulated by statute either a Central Statute, State
Statute or individual university statutes), incorporating the recommendations
prescribed herein.
6.10.3 The institution should organize leadership training programs with the help of
professional organizations so as to groom and in still in students leadership
qualities.
6.10.4 In the event of the office of any major post of office bearers falling vacant within
two months of elections, re-elections should be conducted; otherwise the Vice
President may be promoted to be post of President and Joint Secretary to the post of
Secretary, as the case may be."
We, however, direct modifications in paragraphs 6.6.2 and 6.9.1. The expression "and
audited accounts" in paragraph 6.6.2 shall be substituted by the words "and certified
accounts" (to be certified by the candidate). Similarly, the period of "12 hours"
indicated in paragraph "12 hours" shall be substituted by the words "6 hours".
Learned counsel for the parties are permitted to submit their suggestions/views regarding
elaborations in respect of the aforesaid recommendations as well as other
suggestions/ views given by the Committee as regards the grievances mechanism
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and the other suggestions as regards the schedules etc. The suggestions/views shal1
be filed within four weeks.
Call these matters on 06.11.2006.
During the course of hearing of the petition, Mr. Gopal Subramaniam, learned Additional
Solicitor General brought to our notice the need for a direction to provide security
to the academic community who are involved in the process of Students' Union
Elections in the Universities and the Col1eges. It was suggested that to ensure
protection to them, the Superintendent of Police, In-charge of the area shall provide
enough police protection and shall ensure that no untoward incident takes place by
providing adequate number of police personnel to be posted near the place of
elections. The suggestions appear to be wholesome. We direct that the suggestions
given be implemented as and when the necessity so arises. It is made clear that the
recommendations made, which we have accepted to be adopted as an interim
measure, shall be followed in all College/University Elections, to be held
hereinafter, until further orders.
This order shall be communicated to the respective States and Union Territories by Mr.
Gopal Subramaniam, learned Additional Solicitor General so that necessary steps
can be taken to ensure compliance of our order.
(Neena Verma) (Radha R Bhatia)
Court Master Court Master
//True Copy//
RETURNING OFFICER
