Ganesh Prasad Pandey v. Vice Chancellor Gorakhpur University, Gorakhpur
1990-02-20
M.L.BHAT, V.K.KHANNA
body1990
DigiLaw.ai
JUDGMENT V.K. Khanna, J. - The controversy involved in the present writ petition relates to the elections which were schedule to be held for electing 15 representatives pertaining to the Registered Graduates Constituency for the purposes of constituting the court of University of Gorakhpur. 2. The sole question which has been raised in the present writ petition is that the Registrar of the University has prepared a list of Registered Graduates who are entitled to vote for electing 15 representatives to constitute the court of University of Gorakhpur. It is uncontroverted trial specific provisions of Statute 4.08 of the Statutes have been framed for the Gorakhpur University. The Statute 4.08 lays as follows : "Registered graduate whose name has been borne on the register for one year or more on June 30, preceding the date of notification for the election shall be entitled to vote at the election of the representatives of registered graduates." 3. The notification for holding the elections was made on 21.3.1988 and thus the graduates whose names appeared on the register on 30th June, 1986 or before that date were entitled to vole for electing 15 representatives for the University Court. It may be mentioned that in this connection during the pendency of the Writ Petition a representation was also made to the Vice-Chancellor of the Gorakhpur University who had examined the aforesaid question also and in view of the fact that the Registrar while notifying the list of registered graduates who were entitled to vote had included the names of certain graduates whose names came on the register of graduates after 30th June, 1986 stayed the elections. This court on the stay application at the time of presentation of the Writ Petition although allowed the holding of the elections but the announcement of the results of the elections was ordered not to be declared. However, in view of the orders passed by the Vice-Chancellor, the elections for electing 15 representatives from the Graduate Constituency to the University Court have not been held. 4. From the admitted facts it is, therefore, clear that the elections which were sought to be held in pursuance of the notification dated 21.3.1988 were not in accordance with the-provisions of Statute 4.08 of the Statutes framed for the Gorakhpur University.
4. From the admitted facts it is, therefore, clear that the elections which were sought to be held in pursuance of the notification dated 21.3.1988 were not in accordance with the-provisions of Statute 4.08 of the Statutes framed for the Gorakhpur University. The elections have, therefore, rightly been stayed by the Vice-Chancellor of the Gorakhpur University and will now be held after due notification is made for holding the elections and thereafter the list of the graduates who are entitled to vote for electing 15 representatives will be prepared after following the provisions of Statutes 4.08 and 4.09 of the Statutes framed for the Gorakhpur University. 5. For the reasons stated above, the present writ petition is allowed and the respondents are directed to hold the elections for electing 15 representatives out of Graduates Constituency in accordance with the observations made in this order and in accordance with the provisions of the Statutes framed for the Gorakhpur University. The impugned notification dated 21.3.1988 is accordingly quashed. The interim order granted by this Court is also discharged. 6. A certified copy of this order shall be given to the learned counsel for the parties by 22.2.1990 on payment of usual charges.