K. B. MUMVENKATA REDDY v. BANGALORE UNIVERSITY — 1975 DIGILAW 15 (KAR)

( 1 ) THE petitioner Sir, K. V. Munivenkata Reddy has prayed for quashing the Notfn issued by the Registrar, Bangalore University on, 11th Decr, 1974 (Ext. A) notifying that the Senate of the Bangalore University has been reconstituted under S. 30 read with S. 18 of the Bangalore University Act (hereinafter referred to as 'the Act') consisting of the members mentioned therein. The petitioner has also challenged another Notification issued by the Registrar on the same date notirying the reconstitution of the Syndicate under S. 30 read with S. 21 of the Act consisting of the members mentioned therein. The petitioner has also prayed for the issue of a writ in the nature of mandamus directing the respondent-Bangalore University to hold elections to the Senate and other authorities. Sri B. T. Parthasarathy, learned counsel for thei petitioner, submitted that this prayer is unnecessary as necessary steps have already been taken in the meanwhile by the university for holding the necessary elections. ( 2 ) THE Senate of the Bangalore University was last reconstituted on 10th Decr 1971. The petitioner was elected to the Senate from the constituency of Registered Graduates. He was further elected as a member of the Syndicate. As a member of the Syndicate, he was also an Ex-Officio member of the Academic Council. In the impugned Notifications pertaining to the reconstitution of the Senate and the Syndicate the petitioner's name is not found. The petitioner has also been informed by the Vice chancellor of the. University by the letter dt. 27th Decr 1974 to the effect that he ceased to be a member of the Senate and the Syndicate consequent upon the reconstitution of the said authorities. The complaint of the petitioner is that by the impugned Notification his right to function as a member of the Senate as a member of the Syndicate and as member of the academic Council of the Bangalore University has been illegally denied to him. ( 3 ) IT is contended by Sri B. T. Parthasarathy learned Counsel for the petitioner that the reconstitution of the Senate can become complete and effective only when all the members are elected from different constituencies and the nomination of the members is completed. ( 4 ) IN order to examine this contention it is necessary to examine briefly the relevant provisions of the Act. ( 4 ) IN order to examine this contention it is necessary to examine briefly the relevant provisions of the Act. Sub-sec (1) of S. 3 of the Act provides that the Chancellor and the Vice-Chancellor of the University and the members of the Senate the Syndicate and the Academic Council of the University constitute a body corporate by the name 'the Bangalore university'. S. 12 of the Act enumerates the powers of the Vicet-Chancellor. Sub-sec (3) of S. 12 of the Act empowers the Vice-Chancellor to censure observance of the provisions of the Act the Statutes Ordinances Regulations and Rules. It further provides that the Vice-Chancellor shall have all powers necessary for that purpose. S. 18 of the Act provides for t he constitution of the Senate. It provides for four categories of members viz- (i) Ex-Officio members (ii) Elected members (iii) Nomineted members and (iv) Donor members. Twenty-seven members are required to be elected from different constituencies. Six members are required to be elected by the Karnataka Legislative Assembly from among its members three members are required to be elected by the Karnataka legislative Council from among its members and eighteen members are requested to be elected by Registered Graduates. Among the said 18 members 3 are required to be elected by Registered Law Graduates from among themselves 3 are required to be elected by Registred Medical Graduates from among themselves 3 are required to be elected by registered Graduates in Engineering from among themselves 1 is required to be elected by registered Graduates in Commerce from among themselves and 8 are required to be elected by Registered Graduates other than those mentioned earlier from among thernselves. S. 18 of the Act also provides for nomination of 8 members by the Chancellor. Sec. 21 of the Act provides fos the constitution of the Syndicate. It consists of 14 members. Of them 3 are to be elected by the Senate from among its members. It is clear from S. 23 of the Act all the members of the Syndicate are also the members of the academic Council. S. 30 of the Act provides for the term of office of members of the Senate Syndicate and Academic Council and reads as follows:" 30. It is clear from S. 23 of the Act all the members of the Syndicate are also the members of the academic Council. S. 30 of the Act provides for the term of office of members of the Senate Syndicate and Academic Council and reads as follows:" 30. Save as otherwise provided in this Act the Senate the syndicate and the Academic Council shall be reconstituted at or about the same time every three years and members of the said authorities shall except in the case of Ex-Officio or donor members hold office as members thereof upto the date of next reconstitution. "sec. 45 of the Act provides for filling of casual vacancies. S. 59 provides for validation of proceedings. Sub-sec (1) of S. 59 of the Act reads thus :" No disqualification or defect in the election or appointment of any person s a member of any authority or body of the University shall be deemed to vitiate any act or proceeding of such authority or body in which such person has taken part 'whenever the majority who were parties to such act or proceeding were entititled to act. "sub-sec (3) of Sec. 59 of the Act reads thus :" During any vacancy in any authority or body of the University the continuing members may act as if no vacancy had occurred. "sub-sec (4) of Sec. 59 of the Act reads thus :" No act done or proceedng taken under this Act shall be questioned on the ground merely of any defect or irregularity not affecting the merits of the case. "sec. 32 of the Act makes provision for making of Statutes for the matters specified therein which include; the constitution function and powers of the authorities of the University and such cither bodies as may be declared to be authorities of the University from time to time the election and continuance in office of the members of the said authorities or bodies including the continuance in office of the first members and the filling of vacancies of members and all other matters relating to those authorities or bodies which it may be necessary or desirable to provide. Chap. IX of the Statutes framed contains detailed provision in regard to elections to the authorities of the University. Chap. IX of the Statutes framed contains detailed provision in regard to elections to the authorities of the University. Statute 76 provides that the Vice-Chancellor shall have power to hold elections in anticipation of vacancies about to occur by efflux of time to decide in cases of doubt the validity or otherwise of each ballot paper or each vote recorded thereon and to declare the result of each election. ( 5 ) AS the Senate was last reconstituted on 10th Decr 1971 it had to be reconstituted as required by S. 30 of the Act on the expiry of the period of three years. For some reason or the other no steps to hold elections were taken before the due date for reconstitution of the Senate. It is in this background that the impugned Notifications came to be issued as explained in the statement of objections filed on behalf of the University. The impugned Notification reconstituting the Senate contains only the names of the Ex-officio members and the nominated members. I am informed that there are no donor members at all. It is clear from the impugned notification reconstituting the Senate that it does not contain the names of 27 elected members. It is explained that as no elections were held before the due dates for reconstitution of the Senate the Senate has been reconstituted without the elected members. The stand taken on behalf of the University is that as the petitioner and 26 other elected members had to vacate office on the expiry of three years they were not entitled to be Included in the reconstituted Senate. It is the case of the University that it la only after the process of election is complete that the names of the newly slected 27 members would be included in the reconstituted Senate. ( 6 ) SEC. 30 of the Act makes it clear that the Senate the Syndicate and the Academic Council have to be reconstituted at or about the same time every three years. The normal term of the Senate is clearly provided as 3 years. Before the said period of 3 years expires necessary steps have to be taken by the Vice-Chanceller to hold elections as required by statute 70. The normal term of the Senate is clearly provided as 3 years. Before the said period of 3 years expires necessary steps have to be taken by the Vice-Chanceller to hold elections as required by statute 70. It is clear from S. 12 of the Act that it is the duty of the Vice- chancellor to take all necessary steps to reconstitute the Senate the Syndicate and the Academic Council in accordance with the provisions of the act and the Statutes. Thei Vice-chancellor has therefore to take necessary steps to secure the nominations from the Chancellor. ( 7 ) FIRST part of S. 30 of the Act provides that the normal term of the senate is 3 years. The latter part of the section provides that the members of the authorities specified therein shall except in the case of Ex-officio or donor members hold office as members thereof up to the date of next reconstitution. It is therefore clear that though the normal term of the senate the Syndicate and the Acadmic Council is 3 years the term of office of the elected and nominated members of those authorities shall continue till the datel of their reconstitution. So far as the Ex-officio and donor members are concerned there is no fixed term. They therefore continue as members of the reconstituted authorities. The object of S. 30 is not to create any vacuum in the functioning of the 3 authorities the senate the Syndicate and the Academic Council. That is why S. 30 provides that the term of office of the elected and nominated members shall continue until the reconstitution of the three authorities. The contention of sri S. Vijayashankar learned Counsel for the University that on the expiry of the period of three years the elected members cease to hold office cannot be accepted as S. 30 in express terms states that they continue in office till the date of reconstitution. The mandate of S. 30 no doubt is that the Senate should be reconstituted on the expiry of three years. But if for any reason it is not reconstituted on the due date the term of the Senate gets extended up to the date of reconstitution. Reconstitution of the Senate is not possible until all the members are elected from the various constituencies and the nominations from the Chancellor arq received. But if for any reason it is not reconstituted on the due date the term of the Senate gets extended up to the date of reconstitution. Reconstitution of the Senate is not possible until all the members are elected from the various constituencies and the nominations from the Chancellor arq received. The respondent was therefore clearly in error in taking the view that the Sietnate could be reconstituted with effect from 11th Decr 1974 even though elections have not taken place to elect 27 members from differant constituencies as required by s. 18 of the Act. It is not disputed so far as the nomintions are concerned the same have been made. The only step that is required to be taken to complete the process of reconstitution of the Senate is to complete the process of election to elect 27 members from different constituencies. It is no doubt true that the University has in the meanwhile taken necessary steps in that behalf. Until the process of election is complete and the members are elected the reconstitution of the Senate is not possible. I have therefore no hesitation in holding that the respondent was clearly in error in issuing the impugned Notification on 11th Decr 1974 reconstituting the senate without waiting for the election of 27 members from different constituencies. For the same reason it has to be held that the second Notification dt. 11th Decr 1974 reconstituting th Syndicate is also illegal. ( 8 ) FOR the reasons stated above this writ petition is allowed and the impugned Notification dt. 11th Decr 1974 reconstituting the Senate and the Syndicate of the Bangalore University are hereby quashed. No costs. --- *** --- .