wanted help in this case for moot court

jitendra (Querist) 27 January 2010 This query is : Resolved

STATEMENT OF FACTS

1. Vidhyasthan is a state in the Indian union with a population of 4,56,78909 and literacy is 95%.

2 .There are 16000 schools,2800 colleges and 12 universities in the state.

3. Since early 1970’S student politics is very active in the state.

4. Formal college union office bearers constitute majority of the members of the state legislative

assembly.

5. Till 2006 presidential system of election was followed in the college union election of the state.

6. In the year 2007 new college union election rules where implemented and through these rules

following restrictions where imposed, in accordance in direction of supreme court on 22-09-2006

in university of Kerala .v. council of principals Kerala.

(i) Rs.5000 limit on election expenses per candidate

(ii) No printed posters, printed pamphlets or any other for the purpose of canvassing will be allowed.

(iii) Election to be held on a yearly basis and the same should be held between six and eight weeks

from the date of commencement of the academic session.

(iv) With a view to prevent the inflow of funds from the political party into the students election, the

candidates are specially bared from utilizing funds from any other source then voluntary

contribution from the student body.

(v) No academic areas for the candidates in the year of contesting elections.

(vi) 75 percent attendance record or the minimum prescribed by university, which ever is higher.

(vii) Upper age limit of the candidate is fixed at 28 years for research students.

7.Nandan Lal is the LL.M. student of Government Law College Jhanpur located in the

capital city.

8. He was the first rank holder in the Final LL.B Examination of University of Jhanpur held

in 2008.

9. He was the president of the University Student’s Union during 2007-2008.

10. He joined for LL.M. Degree Course in July 2009.

11. On August 2009 he met with a motor accident and was hospitalized for 2 months.

12. On November 17 ,2009 the election to the College Union of Government Law College

Jhanpur was notified.

13. Though Nandan Lal filed nomination to the post Chairman, College Union, his

nomination was rejected on 23-11-2009 pointing out that the 75% attendance is not

fulfilled by him.

14. On 25-11-2009 Nandan Lal filed a writ petition before the high court of Vidhyasthan

challenging the decision of the Supreme Court in University of Kerala v Council of

Principals Kerala and College Union Election Rules 2007.

15. It was contended that the restrictions to contest college union elections and restrictions on

election campaign are violation of his fundamental rights under Art 14,19 and 21 of the

Constitution and the action of the supreme court is usurping of legislative power.

16. The High Court dismissed the petition on 1-12-2009 stating that a decision of the

Supreme Court could not be challenged under Art.226.

17. On 3-12-2009 Nandan Lal filed a writ petition before the Supreme Court challenging

the decision of the Supreme Court in University of Kerala v Council of Principals Kerala

and College Union Election Rules 2007.

18. It was contended that the restrictions to contest college union elections and restrictions on

election campaign are violation of his fundamental rights under Art 14,19 and 21 of the

Constitution and the action of the supreme court is usurping of legislative power.

19.On behalf of the State of Vidhyasthan all the contentions are refuted and submitted that the

petition may be dismissed applying the principle of resjudicata.

20. The case is posted for final hearing on 29th January 2010.

ISSUES INVOLVED

1. Whether the hon’ble court has the jurisdiction to entertain the said matter.

2. Whether the restriction to contest college union elections and restriction

on election campaign are violation of fundamental rights guaranteed under

Article 14 , 19 & 21 of the constitution of India 1950.

3. Whether the action of the supreme court was uprising of legislative power.

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