N CHANDRAPPA Vs. REGISTRAR UNIVERSITY OF MYSORE

JUDGEMENT

(1.) In this petition under Articles 226 and 227 of the Constitution of India, the petitioner has sought for a declaration that the provisions of sub-section (2) of Section 33A of the Karnataka State Universities Act, 1976 (hereinafter referred to as the 'Act') are only prospective and not retrospective and that the terms of office held by the members of the authorities mentioned in Section 20 of the Act prior to the coming into force of Karnataka Act No. 23/1986 shall not be taken into account for the purpose of Section 33-A of the Act.

(2.) The petitioner is a Lecturer in J.S.S.College, Mysore. He was elected to the Academic Council of the Mysore University for the period 1983-86. Thereafter, he came to be elected for the second term for the period 1986-89, His term of office as a Member of the Academic Council of the Mysore University comes to an end by the 31st of December 1989. Therefore, the said office has to be filled up for the period commencing on the end of December 1989. From the fac;s stated above, it is clear that the petitioner has held the office as a Member of the Academic Council on two consecutive terms. His apprehension is that he is likely to be held ineligible to contest the election for the third time, having regard to the provisions of sub-section (2) of Section 33A of the Act. Therefore, he has sought for a declaration to the effect that the operation of sub section (2) of Section 33A of the Act is not retrospective.

(3.) Section 33A of the Act reads thus :"33A - Certain restriction on the holding of office by nominated and elected members of the authorities :