ALLAHABAD: The Allahabad University on Friday filed its reply (counter affidavit) before the Allahabad High Court and stated its stand in response to the writ petition filed by Kapil Yadav, who was a candidate for the post of president in the Allahabad University Students' Union (AUSU) election.
Kapil has challenged the order of AU authorities by which his candidature was cancelled.
While taking AU's affidavit on record, Justice Arvind Kumar Tripathi granted two weeks time to the petitioner Kapil Yadav to file rejoinder affidavit.
The court directed to list this case on December 11 for the next hearing.
Earlier at one stage on November 25, the court had directed that the election process would go on but counting and declaration of result would remain stayed.
As per direction of the court, the polling was held on November 26 but no counting has taken place so far. As a result, no declaration of result has been made till now.
It is relevant to mention that on November 24 the petitioner was informed that his candidature has been cancelled on the ground that admission in MA-1 (MDS) has been cancelled.
He had filed nomination for contesting election on the post of president of the students union of University of Allahabad. He further submitted that with mala fide intention purposely the admission in MA-I (MDS) was cancelled so the petitioner could not contest the election.
He further alleged that the list was not finalized by 5.30 pm on November 23, instead the list was notified after 4.00 pm on November 24. Hence, he said that the entire election process is vitiated and the programme of polling is liable to be quashed or postponed till objection for candidature of petitioner is decided.
However, the counsel for the AU had submitted that for the academic session 2013-14, the petitioner applied for admission in Master of Development Studies (MDS) in which affidavit was given that he had not appeared and passed examination of MA. Thereafter, a complaint was made on November 20/22 on which inquiry was made and as per report it was found that in the affidavit this fact was concealed that he has passed the post-graduate course from the Allahabad University though he has passed the MA (Anthropology) in the year 2013.
As such, after receiving the report from the Controller of Examination University of Allahabad on November 24, his admission was cancelled by the Coordinator and Chairman, Admission Committee on November 24 itself. Since his admission had already been cancelled, hence he was not eligible to contest the election for the post of president and as such his candidature was rightly cancelled, the AU counsel submitted.