Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2008 Supreme(SC) 2035

SUPREME COURT OF INDIA
ARIJIT PASAYAT, M.K. SHARMA, JJ.
University of Kerala - Petitioner
Versus
Council, Principals', Colleges, Kerala and Ors . - Respondent
IA No.12 in SLP (C) No. 24295 of 2004 dated 24.6.2004 in W.P. No. 30845 of 2003 of the High Court.
Decided on : 24-10-2008

Advocate Appeared:
For the Appellant :Mr. Gopal Subramanium, ASG (A.C.), Mr. Abhishek Tewari and Mr. S.N. Terdal, Advocate.
For the JNU Students :Mr. Sanjay Parikh, Ms. Anitha Shenoy, Mr. Jitin Sahni, Ms. Mamta Saxena, Mr. A.N. Singh and Mr. Gaurav Tyagi, Advocates.
For the Registrar :Mr. H.K. Puri, Advocate.
For the J.L.N.U. :Mr. S.K. Puri, Mr. V.M. Chauhan and Ms. Priya Puri, Advocate.
For the Youth :Mr. M.L. Lahoty, Mr. R. Sathish, Mr. E.M.S. Anam, Mr. Anil K. Jha, Mr. K. Rajeev, Mr. G. Prakash, Mr. T.G.Narayanan Nair, Mr. M.P. Vinod, Mr. Gopal Singh, Mr. R.C. Kohli, Mr. K.R. Sasiprabhu, Mr. Ajit Kumar Sinha, Mr. M.K. Michael, Mr. M.K.D. Namboodiri, Mr. V.G. Pragasam, Advocates.
For the MCI & DCI :Mr. Maninder Singh, Ms. Prathiba M. Singh, Mr. Gaurav Sharma, Mr. Sumeet Bhatia, Mr. Shivaji M. Jadhav, Mr. N. Kotiswar, Advocate General, Mr.Khwairakpam Nobin Singh, Mr. Radha Shyam Jena, Mr. S. Chandra Shekhar, Mr. P.V. Dinesh, Mr. Manish Kumar, Mr. Ansar Ahmad Chaudhary, Mr. Satya Prakash, Ms. Promila Matta, Mr. T.V.George, Mr. Shail Kumar Dwivedi, Advocates..
For the State of Mizoram :Mr. K.N. Madhusoodhanan, Advocate.

Contempt of court for violating the court's order regarding student union elections and the authority of the court to direct implementation of committee recommendations.

Headnote:
Contempt of Court - Student Union Elections - The court issued notice to the Vice Chancellor and the Registrar of Jawaharlal Nehru University for acting in violation of the court's order dated 22.9.2006 regarding the guidelines for student union elections. The court stayed the scheduled elections until further orders and directed the authorities to implement the recommendations made by the Lyngdoh Committee.
Fact of the Case:

The elections to the Students Union of Jawaharlal Nehru University were being held contrary to the guidelines given and recommendations made by the Lyngdoh Committee, which were accepted by the court's order dated 22.9.2006.
Finding of the Court:

The court found prima facie contempt of its order and stayed the scheduled elections until further orders. It also directed the authorities to implement the recommendations made by the Lyngdoh Committee.
Issues: Violation of court's order regarding student union elections, vandalism by students of Samanta Chandra Sekhar College, Puri in Orissa.
Ratio Decidendi: The court's order regarding guidelines for student union elections must be followed, and any violation may lead to contempt of court. Vandalism by students should be dealt with through criminal cases and expulsion from the college.
Final Decision: The court issued notice to the Vice Chancellor and the Registrar of Jawaharlal Nehru University, stayed the scheduled elections, directed the authorities to implement the recommendations made by the Lyngdoh Committee, and directed the Superintendent of Police, Puri to register criminal cases against the students involved in vandalism.

ORDER :

Arijit Pasayat and M.K. Sharma, JJ.

We had issued notice in this case on 20th October, 2008 when the learned Amicus Curiae brought to our notice that the elections to the Students Union of Jawaharlal Nehru University are being held contrary to the guidelines given and recommendations made by the Lyngdoh Committee which were accepted by this Court's Order dated 22.9.2006. It was categorically indicated that the recommendations were to be implemented and guidelines followed in respect of elections of all Colleges/Universities until further orders. Since the elections to the Students Union in the Jawaharlal Nehru University are being held apparently contrary to the norms fixed by the Lyngdoh Committee and approved by this Court, there is prima facie contempt of this Court's Order.

2. Issue notice to the Vice Chancellor and the Registrar of the Jawaharlal Nehru University to show cause as to why action for contempt shall not be taken against them for acting in violation of this Court's Order dated 22.9.2006.

3. The elections which are scheduled to be held on 3rd November, 2008 shall remain stayed until further orders. If fresh elections in line with the recommendations made by the Lyngdoh Committee as approved by this Court are held there shall not be any bar on the same. The personal presence of the Vice Chancellor and the Registrar is dispensed with for the present.

4. Learned Amicus Curiae brought to our notice a news item about vandalism of students of Samanta Chandra Sekhar College, Puri in Orissa when the college authorities wanted to implement the Lyngdoh Committee's recommendations in terms of this Court's Order for the College Union Election.

5. We direct the Superintendent of Police, Puri to register criminal cases against all the students who had indulged in such vandalism.

6. Issue notice to the Vice Chancellor of the Utkal University and Principal of the Samanta Chandra Sekhar College, Puri to indicate as to what steps have been taken against the students who indulged in such vandalism including steps for their expulsion from the College.

7. The matter shall be listed on 8th December, 2008. All the connected matters shall also be listed on 8th December, 2008.

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2008 Supreme(SC) 2035

SUPREME COURT OF INDIAARIJIT PASAYAT, M.K. SHARMA, JJ.University of Kerala - PetitionerVersusCouncil, Principals', Colleges, Kerala and Ors . - RespondentIA No.12 in SLP (C) No. 24295 of 2004 dated 24.6.2004 in W.P. No. 30845 of 2003 of the High Court.Decided on : 24-10-2008

Contempt of court for violating the court's order regarding student union elections and the authority of the court to direct implementation of committee recommendations.

SUPREME COURT OF INDIA
ARIJIT PASAYAT, M.K. SHARMA, JJ.
University of Kerala - Petitioner
Versus
Council, Principals', Colleges, Kerala and Ors . - Respondent
IA No.12 in SLP (C) No. 24295 of 2004 dated 24.6.2004 in W.P. No. 30845 of 2003 of the High Court.
Decided on : 24-10-2008