Gauhati High Court
Bidyut Bikash Dutta And 2 Ors vs The Dibrugarh University And 4 Ors on 4 October, 2019
Author: N. Kotiswar Singh
Bench: N. Kotiswar Singh
Page No.# 1/4
GAHC010250882019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 7648/2019
1:BIDYUT BIKASH DUTTA AND 2 ORS.
SON OF SHRI MUKUT DUTTA, RESIDENT OF OLD AMOLAPATTY,
GOLAGHAT, DIST.- GOLAGHAT, ASSAM, PIN- 785621.
2: MRIGANKA KISHORE BARUAH
SON OF SHRI UTTAM BARUAH
RESIDENT OF NARENG PACHANI GAON
JAGDUWAR TINI ALI
P.O. TEOK
DIST. JORHAT
ASSAM
PIN- 785112.
3: BISHWAJIT DOWARI
SON OF SHRI KAMAL DOWARI
RESIDENT OF RUPAI SIDING P.S. DOOM DOMMA
DIST. TINSUKIA
ASSAM
PIN- 786153
VERSUS
1:THE DIBRUGARH UNIVERSITY AND 4 ORS.
DIBRUGARH, ASSAM 786001, REPRESENTED BY ITS REGISTRAR.
2:THE REGISTRAR
DIBRUGARH UNIVERSITY
DIBRUGARH
ASSAM 786004.
3:THE RETURNING OFFICER
DIBRUGARH UNIVERSITY POST GRADUATE STUDENTS UNION
ELECTION
2019
Page No.# 2/4
DIBRUGARH UNIVERSITY
DIBRUGARH
ASSAM 786004.
4:THE SCREENING COMMITTEE
DIBRUGARH UNIVERSITY POST GRADUATE STUDENTS UNION
ELECTION
2019
DIBRUGARH UNIVERSITY
DIBRUGARH
ASSAM
786004
REPRESENTED BY ITS RETURNING OFFICER.
5:GRIEVANCE REDRESSAL CELL
DIBRUGARH UNIVERSITY POST GRADUATE STUDENTS UNION
ELECTION
2019
DIBRUGARH UNIVERSITY
DIBRUGARH
ASSAM 786004
Advocate for the Petitioner : MR. P N GOSWAMI
Advocate for the Respondent : SC, DIB. UNIVERSITY
BEFORE
HONOURABLE MR. JUSTICE N. KOTISWAR SINGH
ORDER
Date : 04-10-2019 Heard Mr. P. N. Goswami, learned counsel assisted by Mr. N. J. Khataniar, learned counsel for the petitioners. Also heard Mr. R. Majumder, learned Standing Counsel, Dibrugarh University for the respondents.
In this petition, the matter pertains to alleged illegal rejection of the nomination papers of the petitioner Nos. 2 and 3 for contesting the Dibrugarh University Post Graduate Students' Union (DUPGSU) Election-2019 for the posts of General Secretary and Cultural Secretary respectively.
Page No.# 3/4 It has been contended that on an earlier occasion, the candidature of the petitioners were accepted as notified on 05.09.2019 by the Returning Officer of the University along with the other candidates.
However, instead of proceeding with the election on the basis of the said notification of the eligible candidates, the authorities for reasons best known to them, cancelled the said notification and proceeded to initiate a fresh election process as notified on 20.09.2019 by inviting nomination papers again from the intending candidates.
However, unfortunately, when the scrutiny took place in terms of the second notification dated 20.09.2019, the names of the petitioners were rejected and did not find place in list of candidates with valid nomination papers as per notification dated 26.09.2019.
It has been submitted that the name of the petitioner No. 2 is "Mriganka Kishore Baruah". However, his nomination paper was rejected on the ground that in the academic certificate, the spelling of his middle and surname have been wrongly spelt as "Kishour" instead of "Kishore" and "Boruah" instead of "Baruah". Similarly, the name of the petitioner No. 3 is "Bishwajit Dowari". However, his nomination paper was rejected on the ground that his spelling of the name was wrongly recorded as "Biswajit" in H.S.L.C. Admit Card and Pass Certificate instead of "Bishwajit", though the said mistakes had been subsequently corrected. These accordingly to the petitioners are purely technical and not substantial defects.
It has been submitted that the Returning Officer under undue pressure from certain quarters had rejected the nomination papers of the petitioner Nos. 2 and 3 on the aforesaid technical ground.
It has been also submitted that the identity of the petitioners cannot be disputed and the University authorities can always vouch for the same also and such rejection of the nomination papers of the petitioners on the aforesaid technical ground when these were earlier accepted by the University as notified on 05.09.2019, is illegal and is merely to deprive the petitioners from contesting the election, which is also evident from the fact that after rejection of the nomination papers of the petitioner Nos. 2 and 3, in respect of General Secretary only one candidate remains in the fray i.e. Shyam Sundar Bhuyan and for Cultural Secretary, only Krishnomoni Saikia, who in absence of any contestants would be elected as uncontested candidates.
Page No.# 4/4 Accordingly, it has been prayed that either the petitioners may be allowed to take part in the election or the election be stayed until further order of this Court.
Having considered the matter, this Court is of the view that it would be appropriate if the University authorities clarify the same.
However, till such clarification is obtained, the election i.e. Dibrugarh University Post Graduate Students' Union (DUPGSU) Election-2019 may not be held till the next date, i.e. 22.10.2019.
List the matter again on 22.10.2019.
JUDGE Comparing Assistant