8/4/2019 SFI-AISF Pamphlet 5th Sept.2011

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On the Status of JNUSU Elections Case

in the Supreme Court

Date: 5.09.2011

A Joint Struggle Committee Meeting was called by the SFI on 4.09.2011. The JSC sat again today

afternoon after meeting another lawyer as per the decision of the last meeting. The SFI-AISF

proposed that the following draft for reporting be adopted in the JSC. Since there was no unanimity

within the JSC, we are putting our position in front of the student community.

The JSC had earlier conveyed to the student community that our counsel is trying toget our Interim Application seeking a vacation of the stay on JNUSU Elections listedin the Supreme Court. Our Counsel has informed us that the registry has not listedthe matter. As a last resort our counsel has filed an application for listing the matteraddressed to the Chief Justice of India and his companion Judges. This was done on1.09.2011. However, our Counsel has also conveyed to us that there is no certaintywhether the matter would be listed at all and if so, by when.

The present situation has once again made the fate of holding JNUSU Electionswithin this semester uncertain. If Elections are to be held within this semester it isnecessary that the matter is listed as soon as possible (latest by middle ofSeptember) and some resolution is arrived at by the end of this month.

The JSC has also received alternative opinion from two eminent lawyers on thismatter. These opinions have suggested that our case has become quitecomplicated, given the fact that the matter has been referred to a ConstitutionBench. Neither has the Constitution Bench been constituted yet nor is there anyAmicus-Curiae at present. For all practical purposes this matter seems to have beenlost in the maze of our judicial system.

In this situation, the JSC has decided to hire another counselprofessionally, to try and get the matter listed before the Supreme Courtby the middle of September. The Counsel will charge Rs. 1 lakh as his feewhich we intend to raise through voluntary contribution from thestudents. We can also approach the administration to contribute from thefunds collected from each student annually as a students union fee.

If the possibility of a legal resolution eludes us by end-September, thereare only two ways in which the Elections can be held within this semester:

a. By initiating the process of JNUSU Elections as per the JNUSUConstitution on our own and going ahead with the election process

b. By holding JNUSU elections as per the Lyngdoh CommitteeRecommendations

The JSC will solicit the opinion of the student community through UGBM,whether we want to conduct the JNUSU Elections within this semester orpursue the matter further through legal channels.

The AISA and DSU opined that the lawyer whom the JSC met is not a specialist on such matters

and the JSC should hire a lawyer who is experienced to handle our case. The SFI-AISF is open to

better suggestions if any, by the members of JSC.

The Joint Struggle Committee would sit again at 9.30 pm tonight to finalize the lawyer

to be hired by the JSC.

P.K.Anand, Secretary, SFI-JNU Durgesh,Secretary, AISF-JNU

SFI-AISF