1. Ad interim injunction suspending unopposed election results of students' union challenged. (Para 1 , 2 , 3 , 4 )
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Shamima Jahan, J.
Bengia Bapu Son of Late Bengia Kaya and ors. – Petitioners
Versus
Chera Tachung Son of Late Chera Takia and ors. – Respondents
FAO 4 of 2025
Decided On : 04-07-2025
1. Ad interim injunction suspending unopposed election results of students' union challenged. (Para 1 , 2 , 3 , 4 )
2. Appellants: no locus standi, election lawful, injunction principles not met. Respondents: violation of rules, right to contest curtailed. (Para 8 , 9 , 10 , 11 )
3. Appeal allowed — Ad interim injunction set aside — Trial court directed to expedite suit. (Para 32 , 33 , 34 )
A prima facie case, balance of convenience, and irreparable injury must all be satisfied. (Para 13 , 14 , 15 , 27 )
No, such plaintiffs lack locus standi to challenge the election. (Para 28 )
Yes, under the analogy of Section 53(2) of the Representation of Peoples Act, if there is only one candidate, the returning officer may declare them elected unopposed. (Para 21 , 22 , 23 )
No, the court must independently consider the three golden principles; reliance on an analogous case is improper. (Para 30 , 31 )
JUDGMENT :
SHAMIMA JAHAN, J.
1. The main issues that needs to be addressed by this Court are whether in the facts of the present case, an ad interim injunction could have been granted.
2. The present lis is in respect of an election to the executive body of All Kurung Kumey District Students Union (AKKDSU) for the Session 2024-27, wherein, the appellants No. 1 to 27, were declared elected unopposed to various posts in the executive body of AKKDSU, vide election results, dated 28.09.2024.
3. The fact of the case is that on 14.09.2024 the president of the All Arunachal Pradesh Students Union (AAPSU) issued an order directing the president of AKKDSU to conduct fresh election on or before 15.10.2024. In pursuant to the same, the president of AKKDSU issued an order, dated 20.09.2024, dissolving the then executive council members of AKKDSU. Thereafter, the president of AKKDSU issued an appointment order, dated 21.09.2024, appointing profoma respondent Nos. 3 to 6 as the Chief Election Commissioner, Returning Officer, Presiding Officer and the Polling Officer, respectively, with a direction to conduct the election by notifying the election schedule, venue and the other election process. Thereafter, various notifications were issued for complying with the processes involved. However, on 24.09.2024, the Deputy Commissioner recalled the election on the ground of violating the conditions mentioned in the permission order by Defendant No. 1. However, the Defendant No. 1, issued a notification, dated 25.09.2024, declaring that the election would be held at AKKDSU office, Koloriang, District Kurung Kumey, Arunachal Pradesh on 24.09.2024 and 28.09.2024 but again, the Deputy Commissioner prohibited the Defendant No. 1 to hold the election vide order, dated 26.09.2024 on the ground of law and order problem in the said District but on the same day, at around 11 am, a meeting was held between the In-Charge Deputy Commissioner as well as all the stake holders and it was decided that in case, the election is held, all the said stake holders would maintain peace and tranquillity. As such, vide order dated 27.09.2024, the prohibitory order was revoked. Thereafter, the Defendant No. 1, issued notification for holding the election on 28.09.2024 and 29.09.2024, and thereafter, on 28.09.2024 the results were declared showing all the appellants elected as unopposed. Thereafter, on 29.09.2024 the oath was administered to the elected candidates.
4. After the declaration of the said results, a title suit was filed by two numbers of plaintiffs, namely Shri. Chera Tasung and Shri. Kipa Tamar before the Court of Senior Judge (Senior Division) in April, 2025, ventilating their grievance that they were bonafide students and were eligible to contest for the post of President and General Secretary respectively in the notified 7 General Election 2024 of AKKDSU. They submitted that there was no free and fair election and no proper representation was not done and as such, they prayed that the said election be declared null and void and that a fresh election to be held. Along with the said plaint a miscellaneous application was filed i.e. Misc. Case No. 16/2025, by which the plaintiffs prayed for suspending and staying the operation of the results dated 28.09.2024 and also, for restraining the appellants to hold their respective post in view of the results. It is noticed that the plaintiffs had placed reliance on an order passed by the In-charge Deputy Commissioner on 27.09.2024 by which the election notification issued by the Chief Election Commissioner dated 25.09.2024 regarding holding of election on 27th and 28th of September, 2024 was cancelled.
5. That the said Misc. Case was listed before the Court of the learned Civil Judge (Senior Division), Ziro, District Lower Subansiri on 05.05.2025. The plaintiff before the said Court, prayed for grant of temporary injunction by way of suspending the operation of the election results mainly on the following grounds:
(a). On the
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