High CourtsSingle Bench(2011) 08 RAJ CK 0116

Vasudev Nagar vs State of Rajasthan and Others

Rajasthan High Court · Decided on 9 August 2011

HON’BLE JUDGES
Narendra Kumar Jain, J
RESULT
Dismissed
CASE NUMBER
Civil Writ Petition No. 10559 of 2011

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Judgment

5 paragraphs · 282 words

Narendra Kumar Jain, J.—Heard the learned Counsel for Petitioner.

2.

Briefly stated the facts of the case are that Petitioner is a student of M.A. (Final) in Government College, Kota. He has preferred this writ petition contending that Notification with regard to holding elections of Student Union will be issued on 11.08.2011. As per guidelines issued by the State Government Education (Group-4) Department vide order dated 25.06.2010 (Annexure-3), a candidate is not entitled to contest election if he is previously convicted or has criminal record. Petitioner is facing trial in three criminal cases, therefore, his apprehension is that his nomination paper will be rejected or his name will not be included in the voter list. He submitted that in previous year, one Shri Hari Prakash Meena, who was elected as President, had criminal case pending against him, but his nomination was not rejected, therefore, by way of an interim order or direction, Respondents may be directed to include the name of Petitioner in the voter list and not to reject his nomination paper for contesting election.

3.

During the course of arguments, learned Counsel for Petitioner admitted that Election Notification has not been issued so far and his nomination paper has not been rejected. The writ petition is based on apprehension of Petitioner. In these circumstances, at this stage, neither any writ can be issued to Respondents nor it can be entertained, being premature.

4.

In view of above, I do not find any merit in this writ petition and the same is, accordingly, dismissed as premature, at this stage.

5.

Since the writ petition itself has been dismissed, therefore, this stay application does not survive and the same also stands dismissed.