Rajasthan High Court: prioritizes the right to study while rejecting requests for student union elections

Rajasthan High Court: Several petitions asking for the state’s student union elections to resume were denied by the Rajasthan High Court on Thursday. While elections are a democratic process, the right to education cannot be sacrificed for political purposes, according to the ruling delivered by a single-judge panel led by Justice Umashankar Vyas.

Additionally, the court ordered the Election Commission to refrain from holding election-related events at colleges and institutions. The state administration, which has been refusing to organize student body elections for the last three years, has greatly benefited from the ruling.

A single-judge panel led by Justice Sameer Jain had previously heard the case and reserved its decision on November 14.

The High Court ordered the Rajasthani government to develop a clear policy on student union elections while deciding the petitions. The court, according to advocate Tushar Panwar, has also mandated the creation of a committee for this reason.

The court also ordered that on January 19, 2026, representatives from all of the state’s schools and institutions meet. Guidelines for next student union elections will be determined upon by agreement at this meeting. Authorities must provide rational and convincing explanations for their choice if elections are not to be held.

Additionally, the High Court ordered the Election Commission to refrain from conducting any election-related activities at Rajasthani colleges and universities for the Lok Sabha or Assembly elections, citing the disruption of academic operations.

Jayrao, Neeraj Khichad, and others submitted petitions, which were heard by the court. Dr. Abhinav Sharma, an amicus curiae, provided the court with assistance throughout the proceedings. Advocates Shantanu Pareek, Anish Bhadala, and Tushar Panwar represented the petitioners, while Advocate General Rajendra Prasad represented the state government.

The petitioners contended that students have a basic right to vote in student union elections and that this democratic process cannot be denied to them. However, the state administration insisted that elections for student unions are not considered basic rights.

The High Court expressed strong opinions over the state of the University of Rajasthan at the November hearing. The court questioned if the university’s practice of renting out its premises to the government for over two months during Lok Sabha and Assembly elections interferes with students’ academic pursuits.

Additionally, the court noted that the academic calendar is not being adhered to as planned, describing the situation as concerning and noting that the institution is experiencing a sharp downturn.

Rajasthan has a lengthy and controversial history of student union elections. A Public Interest Litigation was brought in response to the considerable disturbances during the 2005 elections, and the High Court banned student union elections in 2006.

Later, in 2010, elections were conducted again, but the COVID-19 epidemic prevented them from happening in 2020 and 2021. On July 29, 2022, the government agreed to reinstate student union elections, and the final one was held that year.

The current court case was brought about by the then-Congress government’s decision to suspend student union elections on August 12 of last year.