LexUNIVERSITY OF KERALA versus COUNCIL, PRINCIPALS', COLLEGES, KERALA & ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
A B [2011] 13 (ADDL.) S.C.R. 488 UNIVERSITY OF KERALA v. COl,JNCIL, PRINCIPALS',COLLEGES,KERALA & ORS. (I.A. Nos. 22, 23 & 24 IN Civil appeal No(s). 887 of 2009) DECEMBER 08, 2011 [ASOK KUMAR GANGULY AND JAGDISH SINGH KHEHAR, JJ.] Election laws - Election to students' bodies - Judicial C intervention - Election in Jawaharlal Nehru University (JNU) - Complaints that elections not taking place in accordance with Lyngdoh Committee recommendations accepted by Supreme Court - Issuance of notice of contempt to the Vice Chancellor and the Registrar of the Jawaharlal Nehru o University by Supreme Court - JNU elections to students' bodies scheduled to be held, stayed as they were not being held in accordance with the Lyngdoh Committee recommendations - Interlocutory applications by JNU Students' Union - Held: As regards the time period of holding E elections, no variation in Lyngdoh Committee recommendation is called for - Suggestion that for research students, the maximum age limit which can be fixed for them to legitimately contest the election could be enhanced to 30 years, is accepted - Since in JNU, for research students no F attendance is taken, the stipulation given in the Lyngdoh Committee recommendation about 75% attendance is not applicable to election by research students of JNU - As regards the repeat criteria and in cases of criminal record of candidates, the elections to be held in accordance with the G Lyngdoh Committee recommendations - Suggestions that photostat copies of pamphlets and manifestos may be permitted within the limit of Rs. 50001- as recommended by the Lyngdoh Committee, is accepted - No change is called for in the grievance mechanism - Thus, since the H 488 UNIVERSITY OF KERALA v. COUNCIL, 489 PRINCIPALS',COLLEGES,KERALA & ORS. recommendations of the Lyngdoh Committee are very A salutary in nature, no major changes allowed except those which are absolutely necessary - Interlocutory applications disposed of with the aforesaid directions. Union of India Vs. Association of Democratic Reforms 8 & Anr. (2002) 5 SCC 294 - referred to. Case Law Reference: (2002) s sec 294 Referred to. Para 15 CIVIL APPELLATE JURISDICTION: I.A. Nos. 22, 23 & 24. C IN Civil Appeal No. 887 of 2009. Gopal Subramanium, A. Mariarputham, Gen. V.G. D Pragasam, S.J. Aristotle, Praburamasubramaniam, K. Nobin Singh, S.B. Meitei, Amitesh Kumar, Ravi Kant, Gopal Singh, Priti Kumari, A. Subhashini, Aruna Mathur, Yusuf Khan (for Arputham Aruna & Co.), G.N. Reddy, C. Kannan, Ravi Shankar, Anil K. Jha, Chhya Kumari, M.L. Lahoty, Paban K. Sharma, E Sukumar Agarwal, B. Burali, Himanshu Shekhar, K.N. Madhusoodhanan, R. Sathish, Sanjay Parekh, Marnia Saxena, A.N. Singh, Pranav Raina, E.M.S. Anam, K.R. Sasiprabhu, H.K. Puri, Priya Puri, A.G. Dhanda, S.K. Puri, Shail Kumar Dwivedi, Lakshmi Raman Singh, D. Bharathi Reddy, Shivaji M. Jadhav, F J-liminder Lal, T. Anamika, Radha Shyam Jena, Himanshu Shekhar, T. Mahipal, P.V. Dinesh, Ansar Ahmad Chaudhary, T.V. George, R.C. Kohli, Liz Mathew, Sana A.R. Khan, Shrish Kr. Misra and Ajay Kr. Singh for the appearing parties. The following Order of the Court was delivered by G ORDER Heard Mr. Gopal Subramanium, learned amicus curiae, Mr. Sanjay Parikh, learned counsel appearing for the Jawaharlal H 490 SUPREME COURT REPORTS [2011] 13 (ADDL.) S.C.R A Nehru University Students' Union, Mr. A.C. Dhanda, learned counsel for Jawaharlal Nehru University (JNU) authorities and also Mr. M.L. Lahoty, learned counsel appearing for the Youth for Equality Students. 8 The instant matter comes up before us by way of Interlocutory Applications No. 22-23 and 24 filed by the JNU Students' Union and the learned Amicus Curiae respectively. It appears that by way of judicial intervention, this Court wanted to introduce fairness and transparency in the holding C of elections to the Students' Unions in various Universities across the country. The main thrust behind such intervention is because of the fact that the general election scenario in this country is murky and suffering from mob-muscle methods which have deleterious effects on various elections including conduct D of free and fair elections to the students' unions. Elections to students' bodies has been badly affected throughout the country. It goes without saying that the students are the future representatives in various democratic bodies like State Legislative
Excerpt shown. Read the full judgment & AI analysis in Lexace.