Kamlesh Singh Gariya vs Kumaon University and others

Sudhanshu Dhulia, J.

The petitioner was one of the candidates for the post of President in the Student’s Union election in a Government Degree College, namely,

“Late Chandra Singh Shahi Government Degree College, Kapkote, District Bageshwarâ€. His nomination papers were rejected initially but on

appeal to the Grievance Redressal Cell, the Grievance Redressal Cell was of the opinion that the nomination of the petitioner has been wrongly

rejected, and directed the election committee to include the name of the petitioner. The orders were passed just a day before when the elections were

to take place, but since the orders were not complied with and the elections were to continue the next day without the petitioner’s name being one

of the candidates, the petitioner had approached this Court. On an urgency application, this Bench was constituted and following orders were passed

by this Court on 08.09.2018:

“This case has come up before this Court today on urgent mention before the Hon’ble Acting Chief Justice by the counsel for the petitioner Sri

Yogesh Pacholia.

The petitioner was a candidate for the post of President in the Student’s Union election in “Late Chandra Singh Shahi Government Degree

College, Kapkote, District Bageshwarâ€. Nomination was done on 06.09.2018 and on 06.09.2018 itself the nomination paper of the petitioner was

rejected on ground that though he was a student of B.A., 5th Semester in the college yet at the same time he was doing a Diploma from distance

mode of education, which is illegal. Against the order dated 6. 09.2018, whereby the nomination paper of the petitioner was rejected, the petitioner

moved an appeal which is provided under the Rules which govern these elections, according to the petitioner. The appellate authority vide its order

dated 07.09.2018 (which was passed at about 02:00 p.m.) set aside the order of the scrutiny committee and declared that the petitioner’s

nomination valid. All the same, according to the petitioner, the election committee has not complied with the order of the appellate authority on grounds

that valid list of nominees has already been declared and the election process is on.

Admittedly, as the petitioner is arguing before this Court through his counsel, polling is to begin at 10:00 a.m., i.e. in barely 10 minutes from now.

Therefore, at this stage no interference is liable to be made, although this Court is of a prima facie opinion that the rejection of the nomination paper of

the petitioner does not seem to be proper, particularly once the appellate authority has given a decision in favour of the petitioner, the petitioner, should

have been allowed to contest the elections. However, no definite opinion can be stated on this, as it is only a prima facie view of this Court. All the

same, it is also a consideration before this Court that the election process is on and hence any kind of interference at this stage would not be proper.

Issue notice to the respondents. Petitioner shall serve apart from normal mode of service to the respondents by “dasti†as well for which steps

to be taken during course of the day.

List this case on 12.09.2018 in the daily cause list. The proceedings shall be subject to the decision of this Court.

Let a certified copy of this order be issued today itself on payment of usual charges.â€​

Now the counter affidavit and rejoinder affidavit have been exchanged.

Learned State Counsel as well as the learned counsel for the University have apprised this Court that now since the elections have already taken

place, in view of the law laid down by the Hon’ble Apex Court in the case of Mohinder Singh Gill v. Chief Election Commissioner, New Delhi

reported in 405, the petitioner has a remedy to Grievance Redressal Cell which shall election disputes.(1978) 1 SCC go before the hear the post-

In view thereof, writ petition is disposed with the direction to the petitioner to approach the Grievance Redressal Cell, which shall hear the petitioner

and pass appropriate orders, as expeditiously as possible.