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Sreejith.P vs The Calicut University
2024 Latest Caselaw 15875 Ker

Citation : 2024 Latest Caselaw 15875 Ker
Judgement Date : 6 June, 2024

Kerala High Court

Sreejith.P vs The Calicut University on 6 June, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

             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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