Campus Election Row: Kerala High Court Asks Sree Sankaracharya University To Produce Observer's Email Cited To Postpone Polls

Justice P.V. Kunhikrishnan issued the direction in a plea moved by a student of the University challenging the university's decision to indefinitely postpone the 2026–27 Campus Union and University Union Council elections.

The election was originally scheduled to be held on October 16, but an order dated October 9 was issued by the University postponing the election.

According to the petition, the university had issued an election notification on September 24, scheduling the Campus Union and University Union Council elections for the academic year 2026–27. The nomination process and scrutiny were subsequently completed, and the list of valid candidates was published on October 7.

The petitioner had submitted his nomination for the post of General Secretary of the Campus Union, and his candidature was accepted following scrutiny.

The petition alleges that several nominations submitted by students associated with the Akhila Bharatha Vidhyarthi Parishad (ABVP) and the Kerala Students Union (KSU) were rejected by the Returning Officer on account of substantial defects. Following the rejection, representatives of the two student organisations allegedly approached the Vice Chancellor with complaints.

It is further alleged that the Vice Chancellor subsequently directed the indefinite postponement of the elections, primarily on the basis of complaints raised by the student organisations.

The University, in its October 9 order cited reports of the Impartial Observer, which has alleged violations of the elections code of conduct and complaints received from various organisations. It stated that outsiders had entered the campus after the enforcement of the code of conduct and that flags and banners of student organisations continued to be displayed on campus.

The order also referred to the failure to reach a consensus during discussions with representatives of different student organisations and stated that the elections were being postponed to ensure a peaceful, fair and orderly electoral process.

However, the petitioner disputes the university's reliance on the Impartial Observer's report.

According to the petition, Dr. T.G. Jyothilal, the Impartial Observer appointed for the elections, subsequently issued a communication to the Returning Officer clarifying that his report contained no recommendation to postpone the elections. He also expressed strong disagreement with the university's order, stating that attributing the postponement to his report would create a misleading impression and that responsibility for the decision rested with the university authorities.

The petitioner argues that reliance on a recommendation that was never made renders the impugned order arbitrary and unsustainable.

The communication by the Impartial Observer, referred to in the October 9 order is now sought to be produced before the high Court for its scrutiny.

The matter is now posted on 26 November for further consideration.

Counsel for Petitioner: K.S. Arun Kumar, Vijay Sankar V.H, Devaraj Subramanian