K S SIDDALINGAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In these two writ petitions, rule has been issued on 7-9-1977 by a learned single Judge. However, on 28-9-1977 the rule was recalled since the petitions involved the constitutional validity of S. 11 of Karnataka Act 18 of 1977 as rule in such a case, having regard to the provisions of the Constitution then existed, could have been issued only by a Bench of five Judges. But the matter remained unnoticed and by the time the petitions were posted for hearing, the bar that existed for a single Judge to issue rule had been removed by an appropriate amendment to the Constitution. We accordingly proceed to dispose of the matter on merits since all the parties have been served and also been heard.

(2.) The facts leading to these petitions are as follows: The petitioners are Professors in the University of Mysore. They were elected to the Senate of the University at the election held to the Senate on 23-7-1976 from the constituency under S. 21(1)(19) of the Karnataka State Universities Act, 1976, (hereinafter referred to as the Act). That constituency was carved out for Professors and Directors in Post-Graduate Departments. The representation under the said provision was for five Professors.

(3.) In W. P. No. 7503/1977 which we have just now disposed of, we have dealt with at length the history of the Act and the Amendments made from time to time. In the said petition, the grievance of the petitioners was in regard to the election held in respect of constituency falling under S. 21(1)(18) of the Act, and the impugned notification therein relates to one portion of the notification impugned herein. The Vice-Chancellor by the common notification has declared the election of the petitioners as null and void in terms of S. 11 of the Act 18 of 1977 to which we may refer for brevity as "the Second Amendment Act".