WPMS/3087/2023
2023 Latest Caselaw 3352 UK

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                               WPMS No. 3087 of 2023
                               Hon'ble Rakesh Thapliyal, J.

1. Mr. D. P. Mittal, learned counsel for the petitioner.

2. Mr. J.S. Bisht, learned Standing Counsel for the State.

3. Mr. Rajeev Singh Bisht, learned counsel for the respondent nos. 2.

4. By the instant writ petition, petitioner is praying for a writ of Mandamus commanding the respondents no. 1 to 3 not to allow the respondent no. 4 to fill the election form for contesting the election of Students' Union of the Government Degree College, Sitarganj, District Udham Singh Nagar, according to the Kumaun University Student Union Constitution.

5. Learned counsel for the petitioner submits that petitioner lodged an FIR against respondent no. 4 - Vikrant Tiwari on 25.08.2023 for the offences punishable under Sections 323, 504, 506 IPC, therefore, respondent no. 4 is debarred from contesting the election, which is scheduled to be held on 07.11.2023. He, on instructions, further submits that pursuant to the said FIR, investigation was carried out and subsequently, charge-sheet has been filed.

6. He has also placed reliance on Clause 5 (8) of the Constitution of Kumaun University Students' Union whereby it is provided that a student, who wants to contest the students union election, should not have any criminal history and / or, he should not have faced any trial or convicted in any criminal case.

7. He further submits that since chargesheet has been filed against respondent no. 4, therefore, his nomination should not be accepted and he should not be permitted to contest the election.

8. Learned State Counsel submits that this writ petition is not maintainable and in support of his contention, he has placed reliance on the judgment rendered by the Constitution Bench of the Hon'ble Supreme Court in the case of Mohinder Singh Gill Vs. the Chief Election Commissioner and others (1978) 1 SCC 405. He further submits that this law still holds good.

9. It is a settled principle of law the once the election is notified, there is no scope of interference in the election process by the Court. However, after election is over, there is remedy available to the petitioner to approach the Grievance Redressal Cell. If petitioner has any grievance, he can approach the Grievance Redressal Cell but that too after election is over.

10. In view of this, at this stage, this Court is not inclined to entertain the writ petition. Accordingly, the same is dismissed.

(Rakesh Thapliyal, J.) 06.11.2023 SKS