Kannur University: Bye-Laws of The Affiliated College/University Campus Students' Union
Kannur University: Bye-Laws of The Affiliated College/University Campus Students' Union
1
for Magazine and other associations. The fees shall be paid
with the first installment of fees every academic year.
b) Expenses for the Union activities shall be incurred only with the
previous sanction of the Union Executive Committee except on
occasions of emergency. The Staff-Advisor shall keep the
regular accounts of income and expenditure. Unspent balance,
if any, shall be carried over to the next year.
12. The Union Council shall assume charge within ten days after the
election. It shall formulate the activities and prepare and pass the
annual budget. It shall also meet subsequently whenever necessary.
15.The Union Council and the Executive Committee shall take decisions
by simple majority. In case of the tie, the Chairman will have a casting
vote in addition to his normal vote. The quorum for the meeting shall be
one-third of the total members.
18. Any dispute or question arising with regard to the provisions contained
in these Bye-Laws be decided by the Vice-Chancellor in consultation
with the Syndicate and such decisions made by the Vice-Chancellor
shall be final.
20. College Union Executive Committee student members are eligible for
attendance for Union activities on the recommendation of the Staff
Advisor.
Both the consent and the declaration shall be signed in the presence of the
Returning Officer after the proper identification of the candidate.
c) No person shall propose or second more than one person for the same
post. A person who has proposed another person for a post shall not
7
second a third person for the same post. A candidate nominated for a post
shall not propose or second another person for the same post.
ii) The Returning Officer shall examine the nomination papers and may
reject any nomination paper either on his own motion or on valid
objection. The decision of the Returning Officer shall in each case be
endorsed by him on the nomination paper in respect of which such
decision is given.
A list of candidates (with their names, class, subject, group etc.) whose
nominations have been declared valid shall be published by the Returning
officer affixing the same on the notice board.
The Returning Officer shall publish after the expiry of time fixed for
withdrawal of candidature, a final list of candidates validly nominated
showing the names arranged in alphabetical order together with their class,
group and subject.
8
V (10) The Voting
The Voting shall be by secret ballot. No vote shall be given by proxi
For the smooth conduct of the election the following shall be observed:
i) Sufficient number of Polling booths shall be arranged. There shall
be Presiding and Polling Officers attached to each booth.
ii) The ballot box sealed or locked (In the presence of the candidates
or their agents if so requested by them) shall be placed at a
convenient place with arrangements for exercising the franchise by
the electors
iii) The Presiding Officer shall ascertain:
(a) the identity of the elector before issue of the ballot paper and
(b) that the person desiring to vote has not already voted.
iv) The name of the person shall be entered upon the serially
numbered counterfoil of the ballot paper (for specimen see
Annexure ‘C’) in a ballot paper book. The ballot paper
corresponding to that counterfoil shall then be detached after
affixing the signature of the Presiding Officer thereon and
handed over to the voter.
v) At the time of issuing the ballot paper, the Polling or Presiding
Officer shall make sure that the ballot papers bear the facsimile
of the Returning Officer and tick mark against the name of the
elector in a copy of the electoral roll kept for the purpose and get
the signature of the elector on the electoral roll.
vi) The elector who has received the ballot paper shall then proceed to
the voting compartment erected providing for secrecy, for marking
the vote, record his vote in the ballot paper in the manner
prescribed-i.e. by affixing the rubber seal bearing ‘X’ mark against
the name of the candidate, in the column provided for that and then
proceed to the place where the ballot box is placed and deposit the
same in the ballot box.
vii) No elector shall be allowed to enter the place arranged for marking
the vote when another elector is there and no elector shall remain
there longer than is necessary for recording his/her vote.
viii) If an elector is incapacitated from blindness or other physical
problems he or she can arrange a companion in the voters list to
cast his/her vote in his /her presence.
ix) The Presiding Officer shall properly seal the ballot box immediately
after the polling (but not earlier than the completion of the period for
voting) and hand over the same to the Returning officer. The
Returning Officer shall keep the same in safe custody.
9
(12) The validity of vote
1 The vote shall be invalid and rejected if :
i) it does not bear facsimile of the Returning Officer and the
signature of the Presiding Officer ; or
ii) a voter signs his name or writes any word or makes any mark on it
by which it becomes recognizable ; or
iii) the vote is recorded thereon by any mark other than the one (X)
made using the seal provided for voting or
iv) no vote is recorded thereon; or
v) the number of vote recorded thereon exceeds the number of
vacancies to be filled; or
vi) uncertain with regard to intention, or
vii) the vote is recorded outside the column provided for that purpose;
or
viii) it violates any other law
2. The votes declared invalid shall be endorsed by the Returning Officer
and kept separately.
---------------------
10
Annexure - A
Lyngdoh Committee Recommendations
Approved by the Honorable Supreme Court of India
6.1.1. 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.
6.1.2. 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.
6.1.3. 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
restored to as an INTERIM MEASURE.
7. 6.1.7. Subject to the autonomy of the universities in respect of the choice of the
mode of election, all universities must institute an apex student representative body that
represents all students, colleges, and departments coming under the particular university.
In the event that the university is geographically widespread, individual colleges may
constitute their own representative bodies, which would further elect representatives for
the apex universities body.
11
administration shall be permitted to hold any post on the executive of such representative
body, nor shall be allowed to be a member of any such representative body.
6.2.1. 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 university departments vote
directly for the office bearers. This model may be followed in smaller universities with
well-defined single campuses (for e.g. JNU/University of Hyderabad), and with a
relatively smaller student population. A graphic representation of this model is annexed
herewith at Annexure IV-A.
In respect of universities with large, widespread campuses and large student bodies either
of the following models may be adopted.
6.2.2. A system of elections, where colleges and campuses directly elect college and
campus office bearers, as well as university representatives. The university
representatives form an electoral college, which shall elect the university student union
office bearers. A graphic representation of this model is annexed herewith at Annexure-
IV-B.
6.2.3. A system of elections where on one hand, directly elected college and campus
office bearers, as well as university representatives. The university representatives form
an electoral college, which shall elect the university student union office bearers. A
graphic representation of this model is annexed herewith at Annexure IV-B.
6.2.3. A system of elections where on one hand, directly elected class representative
elected the office bearers of the college as well as the university representatives, and the
campus itself directly elects the campus officers bearers and the university
representatives. The University representatives shall form an electoral college, which
shall elect the office bearers of the university student union. A graphic representation of
this model is annexed herewith at annexure IV-C.
6.2.4. A system of election wherein class representatives shall be directly elected in the
colleges and universities campus and they in turn shall elect the office bearers for the
college unions and the university campus union. Also they shall elect their
representatives for university student union. These elected representative from colleges
and university campus shall form the electoral college, which shall elect the office bearers
of the university student union. This model shall be applicable to large university with
large number of affiliated colleges. A graphic representation of this model is annexed
herewith at Annexure IV-D.
6.3.1. 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 organization, violating this
rule shall be subject to disciplinary proceedings, in addition to the candidature, as the case
may be being revoked.
12
6.4.1. 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.
6.5.1. 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.
6.5.2 For Post Graduate Students the maximum age limit to legitimately contest and
election would be 24-25 years.
6.5.3 For research Students the maximum age limit to legitimately contest an election
would be 28 years.
6.5.4. Although, the Committee would refrain from prescribing any particular minimum
marks to be attained by candidate, the candidate should in no event have any academic
arrears in the year of contesting the election.
6.5.5. The candidate should have attained the minimum percentage of attendance as
prescribed by the university or 75% attendance, whichever is higher.
6.5.6. 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.
6.5.7. 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.
6.5.8. 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 lease one
year.
6.6.2. 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 submission of
such accounts, through a suitable medium so that any member of the student body may
freely examine the same.
6.6.3. The election of the candidate will be nullified in the event of any non-compliance
or in the event of any excessive expenditure.
13
6.6.4. 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.
6.7.1. No candidate shall indulge in, nor shall abet, any activity, which may aggravate
existing differences or create mutual hatred or case tension between different castes and
communities, religious or linguistic, or between any group(s) of students.
6.7.2. 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.
6.7.3. 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.
6.7.4. 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.
6.7.5. 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.
6.7.6. 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.
6.7.7. 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.
6.7.8. 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.
6.7.9. 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
period written permission of the college/university authority.
6.7.10. The use of loudspeakers, vehicles and animals for the purpose of canvassing shall
be prohibited.
14
(i) 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:
(ii) not serve or distribute any eatables, or other solid and liquid consumables, except
water on polling day;
(iii) not hand out any propaganda on the polling day.
6.7.12. Excepting the voters, no one without a valid pass/letters of authority from the
election commission or from the college/university authorities shall enter the polling
booths.
6.8.1. 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 grievance, including, but not
limited to breaches of the code of conduct of elections and complaints relating to election-
related expenditure. This cell would be the regular unit of the institution.
6.8.2. 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.
6.8.3. In carrying out the duties of the office, the Grievance cell shall conduct
proceedings and hearing necessary to fulfill those duties. In executing those duties they
shall have the authority:
15
(i) 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
(ii) to inspect the financial reports of any candidate and make these records available for
public scrutiny upon request.
6.8.4. 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.
(i) The complaint was not filed within the time frame prescribed in Recommendation
8.4 above;
(ii) the complaint fails to state a cause of action for which relief may be granted.
(iii) the complainant has not and/or likely will not suffer injury or damage.
6.8.6. 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 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.
6.8.7. 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.
6.8.8. At the time, notice of 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.
6.8.9. All Grievance Cell hearing, proceedings, and meetings must be open to the public.
6.8.10 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.
6.8.11. 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.
6.8.12. The Grievance cell 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. The effectuate this purpose; the following rules should
prevail at all hearings:
16
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 to 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 fare
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 ruling, 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 submits 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 stand 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 account 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 agent 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 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 f either this Code or
decisions, opinions, orders, or ruling 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 fine 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 changed.
The decision of the Grievance cell shall stand and shall have full effect until the
appeal is head and decided by the institutional heard.
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.
17
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 waver.
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.
6.9. Maintaining Law and Order on the Campus during the Election Process.
6.9.1. 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.
6.10.3. The institution should organize leadership-training programs with the help of
professional organizations so as to groom and instill in students leadership qualities.
6.10.4. In the event of the office of any major post of office bearers falling vacant within
two months of elections, re-elections should be conducted; otherwise the Vice President
may be promoted to be post of President and Joint Secretary to the post of Secretary, as
the case may be.”
The expression “and audited accounts” in paragraph 6.6.2. shall be substituted by the
words “and certified accounts” (to be certified by the candidate). Similarly, the period of
“12 hours” indicated in paragraph 6.9.1. i.e. “12 hours” shall be substituted by the words
“6 hours”.
-----------------------------------------
18
Annexure -B
NOMINATION PAPER
Post for which nomination is made :
Date:
Date:
20
Sl. No.. Sl. No.
Name of College…………… Name of College……………
Year of Election……… Year of Election………
Election to………………. Election to……………….
BALLOT PAPER
Class of Voter
21
………………………… Election 200
I, ……………………………………………………… of
……………………………………………………..………………………..........................
.....
……………………. Union.
Signature of Candidate
Place:
Date:
With date
22