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1. This State appeal is directed against the judgment of the learned Single Judge dt. 20.12.2000, whereby the writ petition filed by respondent has been allowed and the order of the State Government dt. 17.8.2000 containing directions regarding alteration or amendment in the eligibility criteria for contesting election of the Students' Union or Associations in their Constitution, has been quashed and set-aside. A further direction has been given not to interfere with the holding of election of Student's Union at the behest of the State Government or any other agency. It appears that the State Government with a view to bring reforms in the election process and to make functioning of the Students' Union more rational issued directions dt. 17.8.2000 to all the Government and private colleges whether affiliated or non-affiliated with the universities or whether receiving grant-in-aid or not, to provide the eligibility criteria for contesting the elections and other matters connected therewith in the constitution of the institution governing the election and functions of the Student's Union. Accordingly, the colleges have provided restrictions for the students contesting the elections as follows:

7. At one stage, this Court considered the rights of the students to contest the college elections. This Court by its order dt. 25.8.2003 observed as follows:

It is a misnomer that right to election in a democracy is a fundamental right. It is well established law that a right to election is not a fundamental right but a statutory right. It further depends upon the construction of the various provisions of a particular Statute giving such right. Recently, the Kerala High Court on a petition filed by Sojan Francis, an SFI student and second year degree student of St. Thomas College, Pala Kaottaiyan, put complete ban on political activism of a college or university campus having ruled that the ban on election of Students Union does not involve "negation of fundamental rights". We have our own reservations as to the correctness of the ruling given by the Kerala High Court. However, it appears that the Hon'ble Judges constituting the Division Bench while giving the said ruling had noted the spiraling campus violence. It was recorded that in the recent years in the State of Kerala, the C.P.M. backed Students Federation of India (S.F.I.) lost thirty of its leaders in union clashes and the students wing of the Congress Kerala Students Union about 10. The BJP Akhil Bhartiya Vidhyarthi Parishad (ABVP) saw three of its student activists drowned in the Pumba River following a campus skirmish. It was observed that the university and the colleges are worst hit by campus politicking and violence. The things went to the extent that the bright students shun the college. It is observed that the castism and mafia culture has been been imported in the campus by the students supported by few selfish teachers. It is also observed that such students are also financed by the political parties. We make it clear that we have no intention to say that there should be a complete ban on holding Students Union elections or contesting elections under the banner of a political party. The majority of the students in the College Campus are above 18 years of age and they cannot be denied organizational freedom. The colleges are training camps for the future politicians. But as we have already observed in our earlier order that the Students Union is a laboratory of the democratic governance, we further make it clear that we dis-approve the campus violence and not campus politics. In our view, the campus politics need be cleansed of violence and educational institutions should not be allowed to become laboratories of political parties.

13. A Division Bench of this Court at Jaipur Bench in D.B. Civil Writ Petition No. 5746/2003 by order dt. 5.5.2005 has put a complete ban on holding of students' elections. In another Writ Petition No. 2800/2005 Arvind Singh v. State, by order dt. 18.5.2005, a reference has been made to the larger bench on the controversy of the students' election. A special leave to appeal against the order dt. 5.5.2005 passed in Suo Moto case i.e. D.B. Civil Writ Petition No. 5746/2003, has been preferred and the matter is pending before the Apex Court. Six member committee headed by former Chief Election Commissioner Shri J.M. Lyngdoh is engaged in framing guidelines for conduct of Students' Union elections in the Universities and Colleges. In view of this, we are not inclined to proceed further in the matter.

14. Considering all the facts and circumstances of the case, the instant special appeal is disposed of as follows:

(i) The special appeal is allowed and the order of the learned Single Judge dt. 20.12.2000 is set-aside. The writ petition stands dismissed;

(ii) The interim directions given by this Court as to conduct of Student's Union and discipline except holding of elections shall remain in force, unless otherwise directed by the Apex Court or this Court;

(iii) Keeping in view our order dt. 3.4.2002 and subsequent orders regulating the students' election and functioning of the Students' Union and the act of the Vice Chancellor, JNV University, Jodhpur sanctioning the amount in favour of the students circumventing the orders of this Court, we direct the State Government and the Chancellor to initiate an appropriate administrative enquiry against the persons responsible. The State Government is further directed to initiate police action against the officers, teachers and the students, known and unknown, against whom there is a prima facie case of forgery, conspiracy, abetment and misappropriation of huge students' fund. The amount be recovered from such persons and deposited in the students' fund. It is made clear that in the event of administrative/police action in pursuance of this order any observation made by us, in this order will not have any reflection on the merit of such enquiry or investigation;