IMPORTANT POINT
The importance of addressing grievances through the Grievance Redressal Cell and the appointment of an observer to ensure oversight of the election process.

JUDGMENT

Sachin Datta, J. (Oral)

CM APPL.16323/2024 (filed under Order 1 Rule 10 (2) CPC for intervention and directions)

1. This is an application filed under Order 1 Rule 10 (2) CPC seeking intervention/impleadment of (i) Aishe Ghosh and (ii) Md. Danish.

2. With the consent of the parties, the application is allowed. Consequently, the applicants i.e. Aishe Ghosh and Md. Danish are impleaded as respondent nos.3 and 4 respectively.

W.P.(C) 3735/2024

3. The present petition has been filed by the petitioner being aggrieved with the procedure adopted by the respondents for constituting the Election Committee (`EC') for the purpose of elections of the Students Council and office bearers of the Jawaharlal Nehru University Students Union (`JNUSU') for the academic year 2023-24 [hereinafter referred to as the impugned elections]. In this context, the petitioner has impugned the notification dated 16.02.2024 whereby it was recorded that the respondent nos.3 and 4 have been authorised by the University General Body Meeting (`UGBM') to conduct the General Body Meeting (`GBM') in the various constituent schools of the Jawaharlal Nehru University (JNU) for electing the members of the `election committee' for the purpose of the impugned elections.

4. Pursuant to the aforesaid nomination/authorization by the UGBM in favour of the respondent nos.3 and 4, the said respondents organized/presided over General Body Meetings in the various constituent schools of JNU.

5. Consequentially, in furtherance of the aforesaid exercise, a further notification dated 06.03.2024 came to be issued by the respondent nos.3 and 4 whereby the names of the members of the EC along with chairperson was notified. The said notice reads as under :-

6. Learned senior counsel for the petitioner has made the following submissions :-

(i) It is contended that in terms of article 13 of the Constitution of the JNUSU, the elections to elect the Students' council and office bearers of the JNUSU are required to be held "not later than three months from the date of the opening of the University after the summer vacation." It is submitted that is thus, an embargo on conducting elections after the expiry of the said period. It is submitted that rationale of this stipulation is to ensure that elections are not conducted at a time when majority of the students are occupied with examinations and academic deadlines, making it non conducive for them to participate in the election process.

(ii) Attention is drawn to Article 18 of the Constitution of the JNUSU, which provides as under :-

"Article 18. Election Committee

(i) There shall be Election Committee consisting of as many full-time students from each school as needed but not exceeding as many persons as there are councillors from each school to conduct elections of the office-bearers and the councillors.

(ii) Rules and procedures of Student Union Elections are laid down in Appendix 1.

(iii) Every member of this Committee must have the approval of 2/3 of the students council and this panel must be presented by the student council to the General Bodies of each school for approval of the respective members from each school.

(iv) No member of the Students Council is eligible for the membership of this committee."

It is contended that in terms of the aforesaid stipulation, for the purpose of constituting the election committee, the election committee must have approval of 2/3rd of the Students Council and thereafter, the panel must be presented to the general body for approval of respective members from each school. It is submitted that the procedure adopted for the purpose of constituting the election committee for the impugned elections completely by-passes the Students Council. It is contended that whilst excluding the Students Council, the respondent no.3 and 4 were handpicked for the purpose of conducting the GBM of the various constituent schools of the JNU, for the purpose of electing members of the EC. According to the learned senior counsel for