The New Indian Express News

Rajasthan HC dismisses pleas for student union polls, prioritises right to education

JAIPUR: The Rajasthan High Court on Thursday dismissed multiple petitions seeking the resumption of student union elections in the state. Delivering the verdict, a single-judge bench of Justice Umashankar Vyas noted that while elections are a democratic process, the right to education cannot be compromised for electoral activities. The court also issued directions to the Election Commission, stating that election-related activities should not be conducted in colleges and universities. The judgment has brought significant relief to the state government which has refused to hold student body elections for the past three years. Earlier, on November 14, a single-judge bench of Justice Sameer Jain had reserved its judgment after hearing the matter. While disposing of the petitions, the High Court directed the Rajasthan government to formulate a clear policy on student union elections. Advocate Tushar Panwar informed the court that it has also ordered the constitution of a committee for this purpose. The court further directed that a meeting of representatives from all colleges and universities across the state be held on January 19, 2026. In this meeting, guidelines for future student union elections are to be decided through consensus. If elections are not to be conducted, the authorities must provide logical and justifiable reasons for the decision. The High Court also directed the Election Commission not to carry out any election-related work for Lok Sabha or Assembly elections in colleges and universities across Rajasthan, observing that such activities disrupt academic functioning. The court heard petitions filed by Jayrao, Neeraj Khichad, and others. Amicus curiae Dr Abhinav Sharma assisted the court during the proceedings. Advocate General Rajendra Prasad appeared on behalf of the state government, while Advocates Shantanu Pareek, Anish Bhadala, and Tushar Panwar represented the petitioners. The petitioners argued that student union elections are a fundamental right of students and that they cannot be deprived of this democratic process. The state government, however, maintained that student union elections do not fall under the category of fundamental rights. During the hearing in November, the High Court made strong observations about the condition of the University of Rajasthan. The court noted that the university rents out its buildings to the government for nearly two months during Lok Sabha and Assembly elections, questioning whether this practice disrupts students studies. The court also observed that the academic calendar is not being followed as per schedule, terming the situation a matter of concern and stating that the university is witnessing a significant decline. Student union elections in Rajasthan have a long and contentious history. Following widespread unrest during the 2005 elections, a Public Interest Litigation was filed, and in 2006, the High Court imposed a ban on student union elections. Elections were later resumed in 2010 but could not be held in 2020 and 2021 due to the COVID-19 pandemic. The last student union elections took place in 2022 after the government decided to restore them on July 29 that year. However, on August 12 last year, the then Congress government once again decided to cancel student union elections, leading to the present legal challenge.