Regarding
Student Union Election we adhere to the DHE, Government of Odisha letters every
year. We follow the guidelinesbased on the recommendation of the
LyngdohCommittee accepted by the Hon’ble Supreme Court.
- Universities and colleges across the country must ordinarily conduct elections
for the appointment of students to student representative bodies. These
elections may be conducted in the manner prescribed herein, or in a manner that
conforms to the standards prescribed herein.
- Where the atmosphere of the university campus is adverse to the conduct of
peaceful, free and fair elections, the university, its constituent colleges and
departments must initiate a system of student representation based on
nominations, especially where elections are being held at present. It would be
advisable, however, not to base such nomination system on purely academic
merit, as is being practiced throughout the country.
- In cases where elections are not being held,
or where the nomination model prevails, the nomination model should be allowed
to continue for a limited period of time. It is to be noted that the nomination
system suffers from several flaws, and must only be resorted to as an INTERIM
MEASURE.
Modes
of Elections
- A system of direct election of the
office bearers of the student body whereby all students of all constituent
colleges, as well as all students of the university departments vote directly
for the office bearers.
- A system of elections where on one hand,
directly elected class representatives elect the office bearers of the college
as well as the university representatives, and the campus itself directly
elects the campus office bearers and the university representatives. The
university representatives shall form an electoral college, which shall elect
the office bearer of the university student union.
Disassociation
of Student Elections and Student Representation from Political Parties
- During the period of the elections no person, who is not a student on the rolls
of the college/university, shall be permitted to take part in the election
process in any capacity. Any person, candidate, or member of the student
organisation, violating this rule shall be subject to disciplinary proceedings,
in addition to the candidature, as the case may be, being revoked.
Frequency
and Duration of the Election Process
- It is recommended that the entire process of elections, commencing from the
date of filing of nomination papers to the date of declaration of results,
including the campaign period, should not exceed 10 days. 6.4.2 It is further
recommended that elections be held on a yearly basis and that the same should
be held between 6 to 8 weeks from the date of commencement of the academic
session.
Eligibility
Criteria for Candidates
- Under graduate students between the ages
of 17 and 22 may contest elections. This age range may be appropriately relaxed
in the case of professional colleges, where courses often range between 4 to 5
years.
- Although, the Committee would refrain
from prescribing any particular minimum marks to be attained by the candidate,
the candidate should in no event have any academic arrears in the year of
contesting the election.
- The candidate should have attained the
minimum percentage of attendance as prescribed by the university or 75%
attendance, whichever is higher.
- The candidate shall have one opportunity
to contest for the post of office bearer, and two opportunities to contest for
the post of an executive member.
- The candidate shall not have a previous
criminal record, that is to say he should not have been tried and/or convicted
of any criminal offence or misdemeanor. The candidate shall also not have been
subject to any disciplinary action by the University authorities.
- The candidate must be a regular, full
time student of the college / university and should not be a distance/proximate
education student. That is to say that all eligible candidates must be enrolled
in a full time course, the course duration being at least one year.
Election
- Related Expenditure and Financial Accountability
- The maximum permitted expenditure per
candidate shall be Rs. 5000/-
- Each candidate shall, within two weeks of the declaration of the result, submit
complete and audited accounts to the college / university authorities. The
college/university shall publish such audited accounts, within 2 days of the
submission of such accounts, through a suitable medium so that any member of
the student body may freely examine the same.
- The election of the candidate will be nullified in the event of any
noncompliance or in the event of any excessive expenditure.
- With the view to prevent the inflow of
funds from political parties into the student election process, the candidates
are specially barred from utilizing funds from any other sources than voluntary
contributions from the student body.
Code
of Conduct for Candidates and Elections Administrators
- No candidate shall indulge in, nor shall abet, any activity, which may
aggravate existing differences or create mutual hatred or cause tension between
different castes and communities, religious or linguistic, or between any
group(s) of students.
- Criticism of other candidates, when
made, shall be confined to their policies and programs, past record and work.
Candidates shall refrain from criticism of all aspects of private life, not
connected with the public activities of the other candidates or supporters of
such other candidates. Criticism of other candidates, or their supporters based
on unverified allegations or distortion shall be avoided.
- There shall be no appeal to caste or
communal feelings for securing votes. Places of worship, within or without the
campus shall not be used for election propaganda.
- All candidates shall be prohibited from
indulging or abetting, all activities which are considered to be “corrupt
practices” and offences, such as bribing of voters, intimidation of voters,
impersonation of voters, canvassing or the use of propaganda within 100 meters
of polling stations, holding public meetings during the period of 24 hours
ending with the hour fixed for the close of the poll, and the transport and
conveyance of voters to and from polling station.
- No candidate shall be permitted to make
use of printed posters, printed pamphlets, or any other printed material for
the purpose of canvassing. Candidates may only utilize hand-made posters for
the purpose of canvassing, provided that such hand-made posters are procured
within the expenditure limit set out herein above.
- Candidates may only utilize hand-made
posters at certain places in the campus, which shall be notified in advance by
the election commission / university authority.
- No candidate shall be permitted to carry
out processions, or public meetings, or in any way canvass or distribute
propaganda outside the university/college campus.
- No candidate shall, nor shall his/her
supporters, deface or cause any destruction to any property of the university /
college campus, for any purpose whatsoever, without the prior written
permission of the college / university authorities. All candidates shall be
held jointly and severally liable for any destruction / defacing of any
university / college property.
- During the election period the candidates may hold processions and / or public
meetings, provided that such processions and / or public meetings do not, in
any manner, disturb the classes and other academic and co curricular activities
of the college / university. Further, such procession / public meeting may not
be held without the prior written permission of the college / university
authority.
- The use of loudspeakers, vehicles and
animals for the purpose of canvassing shall be prohibited.
- On the day of polling, student
organizations and candidates shall -:
- co-operate with the officers on
election duty to ensure peaceful and orderly polling and complete freedom to
the voters to exercise their franchise without being subjected to any annoyance
or obstruction;
- not serve or distribute any eatables,
or other solid and liquid consumables, except water on polling day;
- not hand out any propaganda on the
polling day.
- Excepting the voters, no one without a valid pass
/ letter of authorityfrom the election commission or from the college /
university authorities shall enter the polling booths.
- The election commission / college/
university authorities shall appoint impartial observers. In the case of deemed
universities and self-financed institutions, government servants may be
appointed as observers. If the candidates have any specific complaint or
problem regarding the conduct of the elections they may bring the same to the
notice of the observer. Observers shall also be appointed to oversee the
process of nomination of students in institutions that are following the
nomination model of student representation.
- All
candidates shall be jointly responsible for ensuring the cleaning up of the
polling area within 48 hours of the conclusion of polling.
- Any contravention of any of the above recommendations may make the candidate
liable to be stripped of his candidature, or his elected post, as the case may
be. The election commission / college / university authorities may also take
appropriate disciplinary action against such a violator.
- In addition to the above-mentioned code of conduct, it is also recommended that
certain provisions of the Indian Penal Code, 1860(Section 153A and Chapter IXA
– “Offences Relating to Election”), may also be made applicable to student
elections.
Grievance
Redressal Mechanism
- There should be a Grievances Redressal
Cell with the Dean (Student Welfare) / teacher in charge of student affairs as
its chairman. In addition, one senior faculty member, one senior administrative
officer and two final year students – one boy and one girl (till the election results
declared, students can be nominated on the basis of merit and/or participation
in the co-curricular activities in the previous year). The grievance cell shall
be mandated with the redressal of election-related grievances, including, but
not limited to breaches of the code of conduct of elections and complaints
relating to electionrelated expenditure. This cell would be the regular unit of
the institution.
- In pursuit of its duties, the grievance
cell may prosecute violators of any aspect of the code of conduct or the
rulings of the grievance cell. The grievance cell shall serve as the court of
original jurisdiction. The institutional head shall have appellate jurisdiction
over issues of law and fact in all cases or controversies arising out of the
conduct of the elections in which the grievance cell has issued a final
decision. Upon review, the institutional head may revoke or modify the
sanctions imposed by the grievance cell
- In carrying out the duties of the office, the
Grievance cell shall conduct proceedings and hearings necessary to fulfill
those duties. In executing those duties
they shall have the authority:
- to issue a writ of subpoena to compel
candidates, agents, and workers, and to request students to appear and give
testimony, as well as produce necessary records; and to inspect the financial reports of
any candidate and make these records available for public scrutiny upon
request.
- Members of the Grievance cell are
prohibited from filing complaints. Any other student may file a complaint with
the Grievance cell, within a period of 3 weeks from the date of declaration of
results. All complaints must be filed under the name of the student filing the
complaint. The Grievance cell shall act on all complaints within 24 hours after
they are received by either dismissing them or calling a hearing.
- The
Grievance cell may dismiss a complaint if:
- The complaint was not filed within the
time frame prescribed in Recommendation 8.4 above;
- The complaint fails to state a cause
of action for which relief may be granted;
- The complainant has not and / or
likely will not suffer injury or damage.
- If a complaint is not dismissed, then a hearing must be held. The Grievance
cell shall inform, in writing, or via e-mail, the complaining party and all
individuals or groups named in the complaint of the time and place of the
hearing. The parties are not considered notified until they have received a
copy of the complaint.
- The hearing shall be held at the earliest possible time, but not within
twenty-four (24) hours after receipt of the notice described above, unless all
parties agree to waive the 24-hour time constraint.
- At the time notice of a hearing is issued, the Grievance cell, by majority
vote, may issue a temporary restraining order, if it determines that such
action is necessary to prevent undue or adverse effects on any individual or
entity. Any restraining order, once issued, will remain in effect until a
decision of the Grievance cell is announced after the hearing or until
rescinded by the Grievance cell.
- All Grievance cell hearings,
proceedings, and meetings must be open to the public.
- All Parties of the Grievance cell hearing shall present themselves at the
hearing, may be accompanied by any other student from which they can receive
counsel, and have the option to be represented by that counsel.
- For any hearing, a majority of sitting Grievance cell members must be in
attendance with the Chair of the Grievance cell presiding. In the absence of
the Chair, the responsibility to preside shall fall to an Grievance cell member
designated by the Chair.
- The Grievance cell shall determine the format for the hearing, but must require
that both the complaining and responding parties appear physically before the
board to discuss the issues through a complaint, answered, rebuttal, and
rejoinder format. The purpose of the hearing is to gather the information
necessary to make a decision, order, or ruling that will resolve an election
dispute.
- To effectuate this purpose, the following rules should prevail at all
hearings:
- Complaining parties shall be allowed
no more than two witnesses, however the Grievance cell may call witnesses as required.
If said witnesses are unable to appear at the hearing, signed affidavits may be
submitted the the Grievance cell Chair for the purpose of testifying by
proxy.
- All questions and discussions by the
parties in dispute shall be directed to the Grievance cell.
- There shall be no direct or
cross-examination of any party or witness by complaining or responding parties
during hearings.
- Reasonable time limits may be set by
the Grievance cell, provided they give fair and equal treatment to both
sides.
- The complaining party shall bear the
burden of proof.
- Decisions, orders, and rulings of the
Grievance cell must be concurred to by a majority of the Grievance cell present
and shall be announced as soon as possible after the hearing. The Grievance
cell shall issue a written opinion of the ruling within 12 hours of
announcement of the decision. The written opinion must set forth the findings
of fact by the Grievance cell and the conclusions of law in support of it.
Written opinions shall set a precedent for a time period of three election
cycles for Grievance cell rulings, and shall guide the Grievance cell in its
proceedings. Upon consideration of prior written opinions, the grievance cell
may negate the decision, but must provide written documentation of reasons for
doing so.
- If the decision of the Grievance cell
is appealed to the institutional head , the Grievance cell must immediately
submit its ruling to the commission.
- The Grievance cell shall select the
remedy or sanction most appropriate to both the type and severity of the
infraction, as well as the state of mind or intent of the violator as
determined by the Grievance cell. Possible remedies and sanctions include, but
are not limited to, fines, suspension of campaigning privileges, and
disqualification from the election.
- Any fine or total amount of fines
against a candidate in an election cycle may not exceed the spending limit as
defined herein above.
- If, after a hearing, the Grievance
cell finds that provisions of this Code were violated by a candidate, or a
candidate's agents or workers, the Grievance cell may restrict the candidate,
or the candidates agents or workers, from engaging in some or all campaign activities
for some or all of the remainder of the campaign. If an order is issued
covering only part of the remaining campaign period, it shall take effect
immediately so that after its termination, the candidate will have an
opportunity to resume campaigning during the days immediately prior to and
including the election days.
- If, after a hearing, the Grievance
cell finds that provisions of either this Code or decisions, opinions, orders,
or rulings of the Grievance cell have been willfully and blatantly violated by
a candidate, or a candidate's agents or workers, the Grievance cell may
disqualify the candidate.
- Any party adversely affected by a
decision of the Grievance cell may file an appeal with the institutional head
within twenty-four (24) hours after the adverse decision is announced. The
institutional head shall have discretionary appellate jurisdiction over the
Grievance cell in all cases in which error on the part of the Grievance cell is
charged.
- The decision of the Grievance cell
shall stand and shall have full effect until the appeal is heard and decided by
the institutional head.
- The institutional head shall hear
appeals of Grievance cell rulings as soon as possible, but not within
twenty-four (24) hours after the Grievance cell delivers to the Appellant and
the institutional head a copy of its written opinion in the case. Appeal may be
heard prior to this time, but only if the Appellant waives the right to a
written opinion and the institutional head agrees to accept the waiver.
- The institutional head can issue
suitable orders to suspend or halt the operation of the ruling issued by the
Grievance cell until the appeals are decided.
- The institutional head shall review
findings of the Grievance cell when appealed. The institutional head may affirm
or overturn the decision of the Grievance cell, or modify the sanctions
imposed.
Maintaining Law and Order on the Campus during the
Election Process
- Any instance of acute lawlessness or the commission of a criminal offence shall
be reported to the police by the university / college authorities as soon as
possible, but not later than 12 hours after the alleged commission of the
offence.
Miscellaneous
Recommendations
- Student representation is essential to
the overall development of students, and, therefore, it is recommended that
university statutes should expressly provide for student representation.
- Student representation should be
regulated by statute (either a Central Statue, State Statute or individual
university statutes), incorporating the recommendations prescribed herein.
- The institution should organize
leadership-training programs with thehelp of professional organizations so as
to groom and instill in students leadership qualities.
- In the event of the office of any
major post of office bearer falling vacant within two months of elections,
re-elections should be conducted; otherwise the Vice President may be promoted
to the post of President and Joint Secretary to the post of Secretary, as the
case may be.