High CourtsSingle Bench(2022) 06 KL CK 0073

Gerald Job vs Kerala Agricultural University Vellanikkara P.O Thrissur, Kerala 680656 Represented By Its Registrar

High Court Of Kerala · Decided on 7 June 2022

HON’BLE JUDGES
Devan Ramachandran, J
CASE NUMBER
Writ Petition (C) No. 18296 Of 2022

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Judgment

8 paragraphs · 548 words

Devan Ramachandran, J

1.

The petitioner assails scheduling of elections to the College Union of the 2nd respondent – Kelappanji College of Agricultural Engineering and Technology on various grounds, including that it falls foul of the recommendations of the 'Lyngdoh Committee', and that it has been scheduled to start today solely to avoid the casting of votes by 29 students, who are presently on an industrial visit as part of their curriculum.

2.

The petitioner says that fixing of elections to begin today solely for this College, when the University has decided to do so for other Colleges on 29.06.2022, is not merely illegal but intended to satisfy certain vested interests. He, therefore, prays that Exts.P1 and P2 be quashed and the University be directed to reschedule the elections to another date.

3.

In response to the afore submissions of Sri.Vishnu B. Kurup- learned counsel for the petitioner, the learned Standing Counsel for the University – Sri.Robsen Paul, submitted that University has taken into account various germane factors while scheduling the elections to be held today. He submitted that the 8th Semester students of the College will complete their course on 10.06.2022 and therefore, that if the elections are scheduled beyond that, they will loose their chance of casting their votes. He then added that, qua the allegation of the petitioner relating to 29 students presently on an Industrial Visit, thus likely to loose the chance of exercising their franchise, an opportunity for them and other students who were unable to vote today will be offered within the next one week. He submitted that, a decision in this regard will be taken and informed to all the students , by publishing it as per law, without any delay.

4.

When I consider the afore submissions, there can be no doubt that every election will have to be edificed on certain yardsticks, the determination of which will have to be left to the competent Authorities. This Court cannot tinker with the same because it does not have the expertise or the information/inputs, which are imperatively required.

5.

That said, since Sri.Robsen Paul says that another chance will be given to all students who are unable to exercise their franchise today, I am certain that one of the major grounds on which this writ petition has been impelled, now becomes without legs to stand on.

In the afore circumstances, I order this writ petition to the limited extent of recording the afore submissions made on behalf of the 1st respondent – University, that another date will be notified for casting of votes by students who are unable to do so today - including the 29 presently on an Industrial Visit; which shall be done within a period of one week. The University will, on taking such a decision, notify it appropriately as per law, so that every student can take advantage of it and cast their votes.

As far as the allegations regrading the conduct of elections contrary to the 'Lyngdoh Committee' recommendations are concerned, I cannot find favour with it because the reasons stated by the University, namely to help students who are now in the 8th semester and whose classes are to end on 10.06.2022, certainly weighs with this Court and I cannot find any error in it.