Calcutta High Court (Appellete Side)
2320W/2014 on 27 January, 2014
Author: Ashoke Kumar Dasadhikari
Bench: Ashoke Kumar Dasadhikari
1
27th January,
2014.
(Sm)
W. P. 2320 (W) of 2014
Mr. Kausik Chanda,
Mr. Debamitra Bhardwaj.
.....for the petitioner.
Mr. Amitesh Banerjee,
Ms. Munmun Tewari.
......for the State.
Ms. Jayita Chattopadhyay.
....for the Teacher-in-charge.
Mr. Saikat Banerjee,
Ms. Washima Ansur.
.....for the respondent No.4.
Let affidavit of service filed in the court be kept on record. Mr. Chanda, learned counsel appearing for the writ petitioner submits that the University issued a circular to the respective colleges in connection with Students' Union election for collection and submission of nomination forms on 16th January, 2014 and 17th January, 2014 (from 11 noon to 4 P.M.), scrutiny would be held on 18th January, 2014 (from 11 A.M. onwards), withdrawal of nomination papers by 20th January, 2014 (from 11 A.M. to 3 P.M.) and publication of final list of contesting candidates on 21st January, 2014 by 3 P.M. Schedule of election for the districts were also indicated in the circular i.e., Malda on 27th January, 2014, Uttar Dinajpur on 28 January, 2014 and Dakshin Dinajpur on 29th January, 2014.
Mr. Chanda points out that the concerned colleges, viz. Uttar Dinajpur and Malda issued the circular contrary to the circular issued by the University of Gour Banga. He submits that only one-day i.e., on 16th January, 2014 was fixed for issuance of nomination papers and the date for submission of 2 nomination papers was fixed on 17th January, 2014 and 18th January, 2014 was fixed publication of provisional list of contesting candidates.
He also submits that submission of application for withdrawal of candidature was fixed on 20th January 2014 and publication of draft list of contesting candidates on 20th January 2014. He submits that submission of claims in writing for omission, inclusion and correction in the draft list of contesting candidates was fixed on 21st January 2014 and holding of Students' Union election was fixed on 28th January 2014.
Mr. Chand also submits that there was some violence for which one F.I.R was lodged on 16th January 2014. He submits that the election is to be held as per regulation relating to Students' Union election under University Gour Banga but the regulations were not followed. He submits in a democratic process some people/students cannot forcibly prevent the candidates from participating the election process. He submits that the petitioner should be given liberty to submit nomination paper.
Learned counsel appearing for the college-in-charge submits that fixing only one-day for collecting nomination papers is wholly unfair. He further submits that under no circumstance he support such type of violence and disturbance in college election students' should not be allowed to create chaos and disturbance in college campus.
In my considered opinion no election of Students' Union should be held on 28th January, 20014. The college authorities 3 are directed to give a fresh schedule for issuance and acceptance of nomination papers and scrutiny as per norms and regulations.
The concerned Officer-in-Charge of the area is directed to be present in the College Campus so that all the contesting candidates could get the nomination papers and submit their papers without any disturbance and election of students' union be held peacefully.
This writ petition is, thus, disposed of.
There would be no order as to cost.
Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties.
(Ashoke Kumar Dasadhikari, J.)