Judgment S. Chatterji, J. 1. THE present writ petition has been filed by 14 (fourteen) petitioners who are all students of Jadavpur University. They have challenged the letter being No. JVE/89-90/C-114 dated 20.1.1990 of the Returning Officer, Jadavpur University Election-1989-90 rejecting the representation of the students for exclusion of names of irregular students from the Electoral Rolls and for constitution of separate Electoral College for students of each Faculty being Annexure "E" to the writ petition and to restrain the respondents from holding election 1989-90 to the students representative to the Court of Jadavpur University without excluding irregular students from the Electoral Rolls and constituting a separate Electoral College for each Faculty of Jadavpur University. It is stated that under section 16(1)(xx)(a) of Jadavpur University Act that the regular students of the University of whom not more than 2 (two) from the department or departments under each of the Faculty Council for Post-Graduate and Under-Graduate Studies are elected by such students of the University amongst themselves. It is elaborated that the Schedule for Election of students to University Court was published and as per the said schedule, the preliminary Voters List was required to be published on 22.12.89. It is alleged that the preliminary Voters List was published in instalments on several days. Against the delay of publication of the Voters List several representations were submitted to the Returning Officer, Jadavpur University, demanding fixation of dates after long specific time gaps in terms of Jadavpur University Act. However, against the inclusion of the names of the irregular students, objections were filed by various students of different Departments citing specific instances of inclusion of irregular students in the preliminary Voters List. It is further alleged that without any hearing, the objections were summarily ruled out on the ground that as per Vice-Chancellor's order, the students of Arts and Science Faculties who would take admission by 27.1.90 would be considered as regular students against which another representation on 6.1.90 was filed before the Returning Officer. It is placed on record that though in terms of the provisions of the Act, two students from each Faculty would be elected for the University Court by the students from amongst themselves communicating constitution of separate electoral college for students of each Faculty, the authorities concerned have constituted a Joint Electoral College for the students. 2. It is placed on record that though in terms of the provisions of the Act, two students from each Faculty would be elected for the University Court by the students from amongst themselves communicating constitution of separate electoral college for students of each Faculty, the authorities concerned have constituted a Joint Electoral College for the students. 2. THE grievance of the petitioners is that the Constitution of Joint Electoral College is not only against the provisions of the Statute but also is clearly against the interest of the students. According to them, the Act contemplates election of two representatives of each Faculty to be elected by students from amongst themselves, with the object that majority students of a Faculty would select through representative from their respective Faculties so that the views of the majority students of the respective Faculties can be reflected in the election of the students representative. THE alleged Joint Electoral College would decide the electoral result of a Faculty not by the majority opinion of the students of the Faculty but by the opinion of the students of other Faculties which is against the very provision and spirit of the Act to elect to each representatives from each Faculty. Further, the alleged Joint Electoral College would have the effect of depriving the majority students of a Faculty elect their representatives which is contrary to the principles of electional process. THE petitioners further grievance is that the Returning Officer, Jadavpur University by a letter dated 20.1.90 rejected the claims for constitution of separate Electoral College as also for exclusion of irregular students from the Voters' List. THE petitioners further tried to demonstrate the alleged irregularities by giving various examples and being aggrieved by and dissatisfied with the rejection of the demands for exclusion of non-regular students from the Electoral Rolls and the constitution of a separate Electoral College for students of each Faculty, they have come to this Writ Court seeking reliefs as indicated above on the grounds that the inclusion of huge number of non-regular students in Electoral Rolls vitiates the due electoral process and would adversely affect the result of the election and also the Constitution of Joint Electoral College for election of students representative to the University Court as contrary to section 16(1)(xx)(a) of the Jadavpur University Act and it would adversely affect the outcome of the election of electors of a Faculty. The writ petition was entertained on 2nd of February, 1990 and considering the prima facie case an ad interim order was made to the extent that the election due to be held on 5.2.90 will be held in accordance with the law but the respondents will not publish the result nor will give any effect to any resolution thereat without the leave of the Court. An application for addition of parties was filed and in terms of the order dated 7.3.90 the same were allowed. 3. THE writ petition is contested by the respondents by filing separate sets of affidavits. It is disclosed that there are 3(three) Faculties in Jadavpur University viz. Arts Faculty, Science Faculty and Engineering Faculty. 4. THE provision of Statute 47 of the First Statute 47 of First Statute of Jadavpur University itself indicates that not only the Registrar can be appointed as the Returning Officer, other persons in addition to the Registrar can also be appointed as Returning Officer. Ale provisions of the Statute and the Act do not contemplate a single Electoral College for each Faculty and the law permits the constitution of one Electoral College jointly for all the Faculties. They have denied the allegations of the petitioners and stated that the objections may be raised before the University Court and/or before the Election Tribunal as constituted under section 37 of the Act. It is submitted that the present writ petition is misconceived. THE added party supported the contention of the Jadavpur University Authorities. The petitioners have, however, controverted the allegations made by the contesting respondents and added parties and they have filed separate sets of Supplementary Affidavits reiterating the main stand and by placing on record further details as to the scope of objections raised against the formation of the publication of the Voters List and constitution of one Electoral College. 5. WITH great anxieties, this Court has given patient hearing to the learned lawyers appearing for the respective parties and this Court has been taken to the averments made in various affidavits filed on behalf of respective parties. The attention of the Court has been drawn to section 37 of Jadavpur University Act. 5. WITH great anxieties, this Court has given patient hearing to the learned lawyers appearing for the respective parties and this Court has been taken to the averments made in various affidavits filed on behalf of respective parties. The attention of the Court has been drawn to section 37 of Jadavpur University Act. Section 37 of the said Act indicates inter alia :- Sec. 37 : (1) There shall be an Election Tribunal to which shall be referred any question as to whether any person is eligible under this Act for election or nomination or has been duly elected or nominated as, or is entitled to be, a member of any authority or body of the University, and the decision of the Election Tribunal on such question shall be final. (2) The constitution of the Election Tribunal shall be prescribed by Statutes. (3) If, during the progress of any election of members to any authority or body of the University, the Election Tribunal is satisfied that, such election is vitiated by fraud or corrupt practice, the Election Tribunal may make an order annuling the proceedings in respect of such election or any part thereof and directing fresh proceedings to he started, in accordance with the provisions of this Act and the Statutes, the Ordinances and the Regulations from such stage as may be specified in the order and such order of the Election Tribunal shall be final. (4) No suit or proceeding shall lie in any civil court against a decision or an order of the Election Tribunal under subsection (1) or sub-section (3), as the case may be. 6. STATUTE 55 provides the constitution of Election Tribunal under section 37 of the Act. It provides inter alia that the Chancellor shall constitute a one-man Election Tribunal under section 37 of the Act that a person belonging to the Higher Judicial Service of more than 10 years standing or a Retired Judge of the Calcutta High Court. It is submitted that no Election Tribunal has yet been constituted. It provides inter alia that the Chancellor shall constitute a one-man Election Tribunal under section 37 of the Act that a person belonging to the Higher Judicial Service of more than 10 years standing or a Retired Judge of the Calcutta High Court. It is submitted that no Election Tribunal has yet been constituted. Be that as it may, this Court has to consider the question as to the scope of section 16(1)(XX)(a) of the Jadavpur University Act, 1981 providing inter alia that since regular students of the University of whom not more than 2 (two) shall be from the Department or Departments under each of the Faculty Council for Post-Graduate and Under-Graduate Studies elected by such students of the University from amongst themselves. The language of the STATUTE is very clear indeed. There shall be two representatives from the Department or Departments under each Faculty Council for Post-Graduate and Under-Graduate Studies, elected by such students of the University amongst themselves. Obviously, there should be proper representations of each Faculty Council. Thus, there can- not be one Electoral College by which the representations of each Faculty Council can be ignored. There is explanation as to "regular student" which means a student who has been prosecuting his studies in a post-Graduate and under-Graduate Departments under the University under any of the Faculty Council for Post-Graduate and Under-Graduate Studies or any Under-Graduate and Post-Graduate Degree Classes of affiliated Colleges and who has not defaulted in payment of prescribed Tuition Fees and other dues of the University or affiliated Colleges till such date as may be notified by the University or affiliated Colleges in this behalf. There are other explanations as to the eligibility of Voters from different categories and the corresponding rights of being elected as members thereof. There is challenge of the letter issued by the Returning Officer dated 20.1.90 the copy thereof is Annexure 'F' to the writ petition. The Returning Officer has placed on record the said impugned letter that there is no provision for constitution of separate Electoral College for the respective Faculties in the University. There is challenge of the letter issued by the Returning Officer dated 20.1.90 the copy thereof is Annexure 'F' to the writ petition. The Returning Officer has placed on record the said impugned letter that there is no provision for constitution of separate Electoral College for the respective Faculties in the University. There is reference of Statute 21 of the First Statute 1 of the Jadavpur University and under section 16(1)(XX)(a) of the said Jadavpur University Act providing formation of one Electoral College that the Electors may be elected by the regular students of the University prosecuting their studies in a department under any of the Faculty Councils for Post-Graduate and Under-Graduate Studies. The demand of the students for constitution of separate Electoral Colleges has been ruled out. The interpretation has been made to the effect that an Electoral College is to be constituted by electors to be elected by the regular students of the Department of any of the Faculties and there is no room for more than one Electoral College for all the Faculties. This Court has considered the view expressed by the Returning Officer. 7. LOOKING at the Jadavpur University Act and the Jadavpur University First Statutes, 1982, this Court is of the view that upon proper interpretation of section 16(1)(XX)(a) of the Act and the Statute 21 it is indicated that the student members of the Court referred to in Clause (XX)(a) of sub-section (i) of section 16 shall be elected by the Electoral College to be constituted with the electors is may be elected by the regular students of the University prosecuting their studies in the department under any of the Faculty Council for the Post-Graduate and Under-Graduate Studies and there is specific mention that each department shall elect one elector for every 50 (fifty) students or part thereof. If both Statute 21 and section 16(1)(XX)(a) of the Act are reconciled and/or construed in the proper perspective, it has to be appreciated that each Faculty has to be represented properly. Specific representations have been provided. To comply with such requirements, there must be separate Electoral Colleges for each Faculty and for preparation of the Voters List, the explanation as to define regular students is very clearly stipulated. 8. CONSIDERING this aspect, this Court finds sufficient merit in the contention of the writ petitioners. Specific representations have been provided. To comply with such requirements, there must be separate Electoral Colleges for each Faculty and for preparation of the Voters List, the explanation as to define regular students is very clearly stipulated. 8. CONSIDERING this aspect, this Court finds sufficient merit in the contention of the writ petitioners. The stand taken by the Returning Officer as communicated by the letter dated January 20, 1990 is not sustainable in law. For the foregoing reasons, the writ petition succeeds. There will be an appropriate writ quashing the letter dated January 20, 1990 issued by the Returning Officer copy of which is Annexure "F" to the writ petition. There should be a proper Electoral College in terms of section 16(1)(XX)(a) of the Act so that there may be proper representation of each Faculty Council as expressed thereto within a period of 8 (eight) weeks and a proper election has to be held in accordance with law thereafter. The writ petition is thus disposed. There will be no order as to costs. Petition allowed.