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2008 DIGILAW 834 (DEL)

GOPAL RANA v. UNIVERSITY OF DELHI

2008-08-29

C.S.SISTANI

body2008
ORDER 1. The present petition has been filed seeking issuance of a writ, order or direction in the nature of certiorari to quash the impugned notification No. Aca. I/ AC/EC/Election/2006 dated 21.7.2008. 2. Brief facts of the case are that petitioner is stated to have been elected as a member of the Academic Council of the Delhi University in the elections held on 20.12.2005. As per the petition, he was declared elected against Category 7(1)(xii)(d) of the Statute of the University of Delhi on 23.12.2005. The petitioner thereafter on 21.7.2008 received a notification by virtue of which the Chancellor had taken a decision to take up the process of re-counting of votes on 30.7.2008. 3. Aggrieved by this notification, the present petition was filed. Notice was issued and the impugned notification was stayed. Respondents have entered appearance. Counter affidavit has been filed by respondent No.2, who was also a candidate at whose request re-counting of votes was ordered. 4. After some hearing in the matter, learned Counsel for the petitioner and respondent No.2 submit that to meet the ends of justice, respondent No.2 will have no objection if a hearing is granted to the petitioner before a final order of re-counting of votes, if any, is passed. 5. The petitioner was elected as far back as on 23.12.2006 and the term for the member of the Academic Council is only two years and substantial period has already been passed. The stand of the petitioner and respondent No.2 is fair and just. Consequently, the notification dated 21.7.2008 is quashed with the direction that respondent No.1 will grant hearing to the petitioner on the question whether re-counting of voter, for the election held on 20.12.2006 should take place or not respondent No.1 will issue notice both to the petitioner arid respondent No.2. 6. Learned Counsel for respondent No.2 points out that the order directing re-counting of votes has been passed by the Chancellor of the University and the hearing is also to be conducted by the Chancellor. Be that as it may, respondent No. 1 is directed to issue notice for a date to be fixed before the Chancellor when petitioner and respondent No.2 will be heard and thereafter find order will be passed expeditions taking into consideration the term of the Academic Council. 7. Petition stands disposed of. Dasti. Petition disposed of.