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Madhya Pradesh High Court · body

1978 DIGILAW 176 (MP)

Prakashchandra v. University of Indore

1978-03-01

P.D.MULYE, S.R.VYAS

body1978
Short Note : It was a petition under Article 226 of the Constitution of India and was directed against an order dated 1-2-1978, whereby the Registrar of the University of Indore had refused to permit the petitioner to exercise his right of vote by postal ballot in the election to the registered graduates constituency for the University Court to be held on 2-8-1978. The main contention of the petitioner was under Statutes Nos. 15 and 23, he was entitled as of right to exercise his vote by postal ballot; that the University in contravention of the provision~ of the Madhya Pradesh Vishwa Vidyalaya Adhiniyam, 1973 and the Statutes had deprived him of his right of exercising vote for the election of the constituency of the registered graduates for the Court and that any suitable writ or direction may be issued against the University Registrar directing him to give the aforesaid facility. It was contended by the University Registrar that the application made by the petitioner was received at such a time that it was not possible to record the change of address in the register which was to be made available according to the statute, that the petitioner in these circumstances was advised to exercise his right of vote in person on the date of voting. Held : Even assuming that for the purposes of clauses (b) and (c) of clause (1) of Article 226 of the Constitution of India, there has been some contravention of the provisions of Statutes 15 and 23 framed under the Adhiniyam, even then a relief under Article 226 can be granted to the petitioner only if there is a case of substantial injury or substantial failure of justice. In the instant case, this Court does not find that if the petitioner is requested, in the circumstances of the case, to exercise his right of vote not by postal ballot but by casting his vote in person any substantial injury has been caused to him or that by exercising his right in the manner requested by the University Registrar there would be any substantial failure of justice. When this Court finds that in the case there is no genuine grievance either of any substantial injury caused to the petitioner or there being any substantial failure of justice because of any alleged contravention of the provisions either of the Adhiniyam or of Statute No. 115 or Statute No. 23, accordingly, it would not be desirable to disturb the election programme by issuing the writ prayed for by the petitioner. Petition dismissed.