Rajasthan High Court - Jaipur
Prof R B Singh (Retd) vs State (Home Affairs Dep)Ors on 4 September, 2012
Author: Arun Mishra
Bench: Arun Mishra
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR O R D E R D.B. PIL PETITION NO.12316/2012 PROF. R.B. SINGH(RETD.) Vs. STATE OF RAJASTHAN & ORS. DATE: 04.09.2012 HON'BLE THE CHIEF JUSTICE MR. ARUN MISHRA HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN-I Mr. Prateek Kasliwal, for the petitioner. Mr. A.K. Sharma, Senior Counsel assisted by Mr. Vishnukant Sharma, Mr. Rachit Sharma, Mr. S.N.Kumawat, Additional Advocate General, for the respondents.
**** Election of Rajasthan University Student Union has already been held. Requisite directions for holding peaceful elections were issued by this Court vide order dated 17.08.2012, which read thus:-
Petition has been filed by Retired Professor for quashment of the Rajasthan University Student Union Election till the complete implementation of the recommendation of Lyngdoh Committee in its letter and spirit and further direction has been sought to implement the code of conduct in its letter and spirit. Prayer has also been made to direct the respondents to prohibit and debar the candidates from participating in election who have violated the recommendation of the Lyngdoh Committee and the code of conduct. Further prayer has been made to ensure that no road/route is being blocked by the candidates or their supporters.
It is averred in the petition that elections have been notified on 09.08.2012 by the Chief Election Officer, exercising the power under Section 25(a)(b)(c) of the Rajasthan University Student Union Constitution, 2010 (hereinafter referred to as 'RUSU Constitution'). The election is proposed to be held tomorrow i.e. 18.08.2012.
It is further averred that as per code of conduct for student election, it is provided that no candidate would use any printed pamphlet / printed sketch / poster / photostat or any other printed material for the purposes of campaigning. The reports in the newspapers clearly goes to show that there has been blatant violation of the code of conduct. The code of conduct also provides that no candidate would conduct any rally, public gathering and public meeting outside the University Campus. It was also stated that candidates would not distribute any material for canvassing any campaigning. The code of conduct is flagrantly violated and University of Rajasthan has remained silent spectator. Copy of code of conduct has been filed with the petition. It is also provided in the code of conduct that no student would use the university premises, buildings, staircases or the walls/floor for pasting of posters, but all these provisions are being violated flagrantly. Every candidate was accompanied by hundreds of supporters on motorbikes and city buses keeping traffic rules at bay. There had been violent incidents of students in elections, publications made in newspapers, some of students were severely injured and cars were damaged on account of two students groups clashes in the election process. Even city buses are being hired and various city buses are also being damaged, on refusal to oblige the students. Common public had been made to suffer as students did not permit ambulances to find way to hospital. Newspaper reports have also been submitted showing that one of the candidate Rajesh Meena had been kidnapped. Various newspapers cuttings showing photos of violence, blood trail have been filed with the petition.
Shri R.N. Mathur, Senior Counsel appearing on behalf of petitioner has submitted that in the circumstances, students' election deserves to be stayed. It is submitted that earlier after winning the elections, violent incidents have taken place in the City of Jaipur while taking out rally, thus, it should also be stopped.
Shri S.N. Kumawat, Additional Advocate General has also submitted that students elections are becoming problem for administration also as code of conduct has not been adhered to, however, they are trying to maintain law and order, as far as possible.
We are concerned with the magnitude of violence and other activities taking place, as apparent from the material placed on record with the petition. It is apparent that there is violation of the provisions contained in the code of conduct by the aforesaid acts, violent incidents have also taken place. Further, there is ban on distribution of pamphlets, but the same are being distributed at large, they are lying in large number on the roads and have been pasted at several places, as is apparent from the photographs which have been filed today by Shri R.N. Mathur, Senior Counsel appearing on behalf of petitioners.
It also appears that University has assumed roll of helpless spectator, whereas they are duty bound to maintain the discipline even during the course of elections. When elections have been permitted by way of democratic process by cast of votes, it was not thought that these elections would generate so much violence and various acts in blatant violation of the code of conduct.
In the circumstances, though we are not inclined to stay the elections being held tomorrow, however, we consider it appropriate to call for reply.
Let a copy of petition be furnished to Mr. A.K. Sharma, Senior Counsel appearing on behalf of University. Let reply to petition be filed by respondents within a period of ten days from today. However, it is submitted even by the Counsel appearing on behalf of respondent-State that certain directions may be issued so that election goes in peaceful manner.
In the circumstances, we direct that:-
(i) University and the state shall make endeavour that election is held in a peaceful manner duly observing the code of conduct, as mentioned in the Rajasthan University Students' Union Constitution, 2010.
(ii) Let respondents to ensure that no violent incident takes place during elections within or outside the University campus and colleges. In case any violent incident takes place, let it be videographed and let the Videography be placed before this Court for taking appropriate action against the erring incumbents.
(iii) In case any violation of code of conduct is being done, let it also be videographed. The election which is being held, shall be subject to ultimate outcome of the writ application.
(iv) Let provisions of code of conduct be punctually observed by the students. Let elections be held in a peaceful manner, in a democratic way.
(v) The respondents to ensure that there shall not be any road blockage created by the students and free flow of ambulances as well as vehicular traffic shall also be ensured.
Copy of the order be forwarded today by 'FAX' to the Vice-Chancellor and Registrar of the University, who shall remit the same to the various Colleges. A copy of order be also forwarded to the concerned Commissioner of Police for compliance. Copy be supplied today to the parties.
State Government has submitted reply to the effect that several illegalities have been done. As the winning candidates are not before us and act of individual candidate has to be examined, it would not be appropriate to interfere as effective alternative remedy is available.
Now dispute is with respect to individual elections as to which candidate has violated the Code of Conduct. This can be looked into in appropriate proceedings by the Redressal Cell Constituted as per Rajasthan University Student Union Constitution, 2010, under which elections were held. Appropriate steps can be taken by the aggrieved persons before the Redressal Cell with respect to validity of the election of any particular candidate.
The petition is, accordingly, disposed of.
(NARENDRA KUMAR JAIN-I),J. (ARUN MISHRA),CJ. /KKC/ Certificate:
All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.
KAMLESH KUMAR P.A.