Prayagraj: Expressing dissatisfaction over the instructions provided by Aligarh Muslim University (AMU), the Allahabad high court has directed the AMU authorities to file a counter affidavit (reply) in response to a public interest litigation (PIL) petition filed by an AMU student seeking holding of students' union elections at the university. The PIL petition, moved by an LLM student, Kaif Hasan, submitted that AMU's failure to hold elections since 2019 is violating the students' rights and democratic principles.
Earlier, the court had on Nov 18 directed the AMU's counsel to seek instructions about the averments raised in the PIL. However, when the case was again taken up on the next date fixed, the court found the instructions provided by the AMU were not serving the purpose. Consequently, a division bench comprising Chief Justice Arun Bhansali and Justice Kshitij Shailendra in its Nov 29 order observed, "Pursuant to the order passed by this court, instructions have been produced on behalf of the university, inter alia, indicating that the university will conduct the election at appropriate time, however, the said instructions do not answer the plea, raised in the writ petition".
In this backdrop, the court directed the AMU authorities to file a counter affidavit to the PIL by the next date and directed to list this case on Jan 9, 2025, for the next hearing.
In the PIL, the petitioner's counsel has taken the plea that as per the AMU Act, 1920, and the Lyngdoh committee's recommendations, the premier institution, AMU, is bound to conduct students' union elections annually within the stipulated time frame. It may be noted that AMU has not held students' union elections for the past six years.
The PIL added that not holding such elections amounted to wilful disobedience of the Supreme Court's judgment in the case of University Of Kerala vs Council of Principals' Colleges Kerala wherein the importance of students' union election was stressed by the apex court. The petition has also stated that the AMU has received a huge amount of grants from the university grants commission (UGC), which also includes funds for the students' union. However, the same has not been appropriately used.
"AMU is liable to answer and furnish the details of the allotted budget for the students' union from 2020 to 2024. The details may furnish the details of students' union budget and details of funds received by the respondent university for students' union since 2020," the PIL adds. The petitioner has further stated that students have made representations before the respondent authorities concerned but until now, no significant response has been given by them. The PIL also stresses the importance of the students' union, stating that it plays an important role that is not only limited to the students' welfare but has a larger role to play in the interest of the public at large.
"AMU has approximately 40,000 enrolled students and for the proper representation of students' grievances and other related problems there is a need for students' union because for such a large number of students, there is a need for a voice and body to represent their respective issues," the PIL added.
In this backdrop, the PIL has requested the court to direct the AMU management authorities to hold the students' union election in accordance with Lyngdoh committee recommendation. Also, the PIL has requested the court that meanwhile, as an ad-interim measure, a direction be also issued to the AMU to appoint a chief election officer for holding the students' union election and release the schedule of students' union election. Further, another ad-interim direction be also issued to the AMU management to furnish information regarding students' union funds from 2019 and release funds accordingly.