Sonu Kumar Singh vs State Of U.P. Thru Secy. And 4 ...
2015 Latest Caselaw 1398 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

											A.F.R.
 

 
Court No. - 38
 

 
Case :- WRIT - C No. - 1399 of 2014
 

 
Petitioner :- Sonu Kumar Singh
 
Respondent :- State Of U.P. Thru Secy. And 4 Others
 
Counsel for Petitioner :- Baijant Kumar Mishra
 
Counsel for Respondent :- C.S.C.,B.D. Pandey,K.M.Tripathi,S.K. Sharma
 

 
Hon'ble Pankaj Mithal,J.

Heard Sri Baijant Kumar Mishra, learned counsel for the petitioner.

Sri Aditya Kumar Singh, is present for the proposed respondent No.6, who has applied for impleadment. Sri B.D. Pandey has appeared for respondents No.2 & 3, Sri Krishna Mohan Tripathi for respondent No.4 and learned Standing Counsel  for respondents No. 1 and 5.

Petitioner claims himself to be a student of Swami Devanand Post Graduate College, Math-Lar, Deoria which is affiliated to Deen Dayal Upadhayay, Gorakhpur University, Gorakhpur.

The petitioner has invoked the writ jurisdiction of this court for a direction upon the respondents not to hold elections of the students' union of the college scheduled for 24.01.2014.  There is no other prayer or relief claimed in the petition.

The petitioner has claimed the above direction on the basis of government order dated 21st March, 2012 which accepting the recommendations of the Lingdoh committee provides inter alia that the elections of the students' union of the colleges be held every year within 6 to 8 weeks of the commencement of the academic session.

The relevant clause 2(4) of the aforesaid Government Order reads as under : -

Þpquko izfro"kZ djk;s tk;sa vkSj 'kSf{kd l= izkjEHk gksus dh frfFk ls ;FkklaHko 6 ls 8 lIrkg ds e/; lEiUu djk fy;s tk;sAß

No doubt the above government order by Clause 2(4) provides that the elections of the students union of the colleges shall be held every year 'as far as possible' within 6 to 8 weeks of the commencement of the academic sessions. The word Yatha Sambhav meaning as far as possible are very crucial and important and denotes that the holding of the elections between 6 to 8 weeks of the commencement of the academic session is not mandatory but directory in nature.

In view of above, in case the elections are scheduled to be held after the expiry of 6 to 8 weeks of the commencement of the academic session, the process of election cannot be faulted or held to be illegal or violative of the above government order.

In addition to the above, petitioner is merely a student and he is not suffering any personal harm on account of delayed elections of the students union. The petition has not been preferred in public interest.

In view of the aforesaid facts and circumstances, the writ petition lacks merit and is dismissed.

Order Date :- 22.7.2015

Piyush