Citation : 2024 Latest Caselaw 15875 Ker
Judgement Date : 6 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
WP(C) NO. 37147 OF 2017
PETITIONER/S:
1 SREEJITH.P
AGED 19 YEARS, S/O.UNNIKRISHNAN,RESIDING AT SREEKRISHNA
VILASAM,PANGARAPILLY.P.O,CHELAKKARA,THRISSUR,PIN-
680586.
2 GANESH KUMAR.E
AGED 18 YEARS,S/O.GOVINDAN KUTTY,RESIDING AT ERANGODATH
HOUSE,ATTOUR.P.O,THRISSUR,PIN-680583.
BY ADVS.
SRI.GEORGE ABRAHAM PACHAYIL
SRI.AJEESH S.BRITE
SRI.ARUN PAUL KAPRASSERY
SMT.JEBI MATHER HISHAM
RESPONDENT/S:
1 THE CALICUT UNIVERSITY
REP.BY ITS REGISTRAR,UNIVERSITY CAMPUS,TRISHUR-CALICUT
ROAD,THENHIPALAM,MALAPPURAM DISTRICT,KERALA-673635.
2 THE DEEN OF STUDENTS WELFARE
CALICUT UNIVERSITY,UNIVERSITY CAMPUS,TRISHUR-CALICUT
ROAD,THENHIPALAM,MALAPPURAM DISTRICT,KERALA-673635.
3 SUBASH.U
AGED 21 YEARS,S/O.UNNIKRISHNAN,RESIDING AT PARAKKUNATHU
HOUSE,EZHARAKUNNU,PULKODE.P.O,CHELAKARA,THRISSUR,PIN-
680586.
4 SREE VAYASA N.S.S.COLLEGE
REP BY ITS
PRINCIPAL,PARLIKKAD,VYASAGIRI.P.O,WADAKKANCHERY,THRISSU
R DISTRICT,KERALA,PIN-680582.
BY ADVS.
SRI.P.GOPAL
SRI.B.MURALEEDHARAN
OTHER PRESENT:
SRI.P.C.SASIDHARAN, SC
WPC No.37147/2017
2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WPC No.37147/2017
3
P.V. KUNHIKRISHNAN, J.
================================
WP(C) No.37147 OF 2017
=================================
Dated this the 6th day of June, 2024
JUDGMENT
The above writ petition is filed with the following prayers:
i) "issue an appropriate writ, order or direction commanding the 1st respondent to declare the election of the 3rd respondent to the post of 1st respondent University Union Council, form the 4th respondent college as null and void for the reason that the 3rd respondent was ineligible to contest in the election.
ii) Issue an appropriate writ, order or direction commanding the 1st respondent to dispose off Exhibit P5 complaint on merits before conducting the election on 24.11.2017.
iii) issue an appropriate writ, order or direction commanding the 1st and 2nd respondents to declare the 1st petitioner as the University Union Councilor from the 4th respondent college and to permit the 1st petitioner to vote in the election as the successful University Union Councilor from the 4th respondent college to the 1st respondent University Union Council, if the election of the 3 rd respondent is found to be null and void on merits.
iv) To pass any such or further orders as the petitioner may seek and this Hon'ble Court deem fit to grant.
2. The counsel appearing for the petitioner submitted that
prayers in this writ petition is infructuous.
Therefore, this writ petition is dismissed as infructuous.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE
SLR
APPENDIX OF WP(C) 37147/2017
PETITIONER EXHIBITS EXHIBIT P1 BYE LAW OF THE COLLEGE STUDENTS UNIONS,UNIVERSITY OF CALICUT 1984, (REVISED ON 29/06/2012)
EXHIBIT P2 COPY OF RELEVANT PAGES OF THE ATTENDANCE REGISTER MAINTAINED IN 4TH RESPONDENT COLLEGE,SHOWING THAT THE 3RD RESPONDENT DOES NOT HAVE MINIMUM REQUIRED ATTENDANCE
EXHIBIT P3 COMPLAINT GIVEN BY ONE STUDENT IN THE 4TH RESPONDENT COLLEGE MR.ALAVI.K.A,TO THE COLLEGE AUTHORITIES CHALLENGING THE ELECTION OF THE 3RD RESPONDENT
EXHIBIT P4 DECISION OF THE 4TH RESPONDENT COLLEGE GRIEVANCE CELL COMMITTEE ON EXHIBIT P3 COMPLAINT.DECISION IS DATED 03/11/2017
EXHIBIT P5 COMPLAINT GIVEN BY THE 1ST PETITIONER TO THE 1ST RESPONDENT UNIVERISTY,THROUGH THE DEAN OF STUDENTS WELFARE,CHALLENGING THE ELECTION OF 3RD RESPONDENT TO THE UNIVERSITY UNION COUNCIL.DATED 25/10/2017
EXHIBIT P6 VOTERS LIST PUBLISHED BY THE 1ST RESPONDENT UNIVERSITY DEAN OF STUDENTS WELFARE,FOR THE PURPOSE OF ELECTION TO THE UNIVERSITY UNION COUNCIL,WHICH IS SCHEDULED TO BE HELD ON 24/11/2017.DATED 09/11/2017.
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