Calcutta High Court (Appellete Side)
Akbar Ali & Ors vs The Teacher In Charge on 7 July, 2014
Author: Ashoke Kumar Dasadhikari
Bench: Ashoke Kumar Dasadhikari
1 7th July, 2014 (SKB) W.P. 2519 (W) of 2014 Akbar Ali & Ors.
Versus The Teacher in Charge, Kabi Nazrul College & Ors.
Mr. Prosenjit Mukherjee, Mr. Ujjal Gayen ...for the petitioners.
Mr. Tapan Kumar Mukherjee, Mr. Nilotpal Chatterjee ....for the State.
Mr. Achinta Banerjee, Mr. Raghunath Chakraborty ...for the University.
Writ petitioners are aggrieved by and dissatisfied with the procedure of holding student union election contrary to the university schedule and instructions.
It was alleged that the writ petitioners were not allowed to submit nomination papers on 21st January, 2014 from 11 a.m. to 2 p.m. It was submitted by the learned Counsel appearing for the writ petitioners that the Block Development Officer, Murarai-I Dev. Block Murarai, Birbhum, himself submitted a written report to the effect that at 11 a.m. on 21st January, 2014 he was present in college to see whether nomination process was going on smoothly. To prevent any untoward incident he was supervising at the outside of main gate of the main building. At about 1-15 p.m. the Block Development Officer alongwith Officer-In-Charge, Murarai Police Station and the Circle Inspector of Police, on receiving an information went to the 1st floor and found that the gate of the room, located in the entrance of the 1st floor used for issuing nomination, was locked from inside. The Block Development Officer, Officer-In-Charge 2 and the Circle Inspector of Police "requested the students inside to open the gate but nobody cooperated". The Block Development Officer ordered the police to break the lock and open the gate. It was pointed out that a particular section of students put padlock so that no one of the opposite side can file their nominations.
On moving this application this Court directed the District Magistrate, Birbhum, to submit a report and the District Magistrate duly submitted a report which was not satisfactory. It appears that the schedule as well as the time fixed for filing nomination and holding election was not maintained.
It is evident from the report of the District Magistrate that for some time gate was locked and naturally nomination papers could not be issued. However, there was no report since when the door was under lock and key and, therefore, the concerned D.M. failed to investigate the matter properly.
Students who were violent and indisciplined and put the lock for restraining the other intending candidates to file their nominations are responsible for the incident. The concerned B.D.O. failed to take proper steps against them. Chaotic situation was prevailing at the time of submission nomination papers. The concerned authorities, who were responsible to see that the election of students' union is to be held properly, failed to discharge their duties. Time schedule fixed for nomination of the students' union election was not followed since it is beyond doubt that the gate was under lock and key for a period of time. The writ petitioners and others were not allowed to submit their nomination. The police authorities and B.D.O. who were present, were standing outside the gate with looking the procedure if maintained as scheduled by the university. Therefore, the entire process for holding election is vitiated. The election is bad and illegal.
Accordingly, the election held by the college authorities is set aside.
Let a fresh schedule be given by the University authorities so that election of Students' Union be held properly. When 3 nomination papers would be submitted by the concerned candidates the Block Development Officer, Officer-in-Charge, Murari Police Station, including the Superintendent of Police, Birbhum should be present at the site so that no disturbance is created at the time of filing nomination papers and holding election. Sufficient police protection should be provided for holding election. In case, there is any disturbance from any quarter, police authorities are directed to take immediate steps. At the time of holding election the District Magistrate would be present at site. The University authorities are directed to give a fresh schedule within two weeks from date and all the authorities including S.P., O.C. and the D.M. are directed to take appropriate steps so that the election be held properly. In case there is any criminal activity, police would take immediate steps.
The writ petition is disposed of.
Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties.
(Ashoke Kumar Dasadhikari, J.)