C SHARATH KUMAR Vs. UNIVERSITY OF MYSORE

JUDGEMENT

(1.) In this petition the petitioner who is a registered graduate in medicine and voter in the 1st respondent-University of Mysore as well as a contesting candidate for the membership of Senate, is aggrieved by the acceptance of the nomination of the.3rd respondent as a candidate for contesting for the office of Senator in the election scheduled to he held on 11-2-1990.

(2.) Briefly stated the facts of the case arc as follows:

(3.) Senate is one of the authorities enumerated under Section20(a) of the Universities Act (hereinafter referred to as 'the Act'). In terms of Section 21 of the Act seven members from several faculties including medicine are entitled to be the members of the Senate and in that behalf contest for that office. The petitioner and respondent-3 are such candidates who have filed their nominations. Apparently, the nomination of respondent-3 was objected to by the petitioner before the Returning Officer who was none other than the 2nd respondent, who is also the Registrar of the University. Three objections contained in the statement of the petitioner filed as such before him came to be rejected by the Returning Officer by his order dated 27-1-1990. With reference to the nomination of rcspondent-3-Dr. Mahadeva, he came to the conclusion that it cannot be rejected on account of the opinion received by him in that behalf from the Chancellor of the University. Therefore he accepted the nomination despite objection founded on the prohibition contained in Section 33-A(2) of the Act. Therefore, the writ petition has been presented challenging the validity of the election held and the acceptance of nomination of respondent-3.