NAYAK CHANDRASHEKAR SADASHIV Vs. KARNATAKA UNIVERSITY DHARWAD

JUDGEMENT

(1.) THE petitioners in these petitions are the Members of the Karnataka Legislative Assembly. In these petitions, the petitioners have prayed for quashing of the Notification dated 12th May, 1999, a copy of which has been produced as Annexure A to the extent it notifies that the names of the petitioners will not figure in the electoral roll of the Senate election scheduled on 25th May, 1999.

(2.) THE facts leading to this petition are not many and are not in dispute. University other than Medical, Technical and Agricultural in the State are governed by the provisions of The Karnataka Statute Universities Act, 1976 (hereinafter referred to as 'the Act' ). Section 20 of the Act provides for the authorities of the University. The Senate, Syndicate, Academic Council, Finance Committee are some of the authorities of the University. Section 21 of the Act provides for the constitution of the Senate. Sub-clause 14 of Section 21 provides that five members of the Karnataka Legislative Assembly elected from amongst themselves would constitute the members of the Senate. Section 23 of the Act provides for the powers and functions of the Senate. Clause (j) of sub-section (2) of Section 23 provides that the Senate shall have the power to elect the members to such authorities as provided under the Act or the Statutes. Section 24 of the Act provides for the constitution of the Syndicate. Sub-clause (vi) of Section 24 of the provides that three persons one of whom being an employee of the University or affiliated college or a representative of the students elected by the Senate from amongst its members to the Syndicate. Section 34 of the Act provides that the method of election of the members to the Senate, Syndicate and Academic Council shall be as prescribed by the Statutes. The University in exercise of the power conferred on it under Sections 35 and 36 has framed the known as "statutes relating to the Elections to the Authorities of the University" providing for the procedure to be followed for the election to the various authorities of the University. The various provisions of the Statutes sets out the procedure for preparation of the electoral rolls, the date of filing of the nomination, withdrawal of nomination papers, conducting of elections correction of electoral rolls etc.

(3.) THE University issued a calendar of events by means of Notification dated 26th April, 1999 notifying that the election of three persons of the Syndicate, one member to the Academic Council, and one member to the Finance Committee would be held on 25th May, 1999. In the said notification, the date for filing of the nomination paper, consideration of nomination paper, withdrawal of nomination paper was also notified. The last date for filing of the nomination was 4. 00 p. m. on 11th May, 1999. The Joint Secretary of the Legislative Assembly sent a communication dated 11th May, 1999 to the Registrar of the University by means of a fax message, notifying that the petitioners and one Sri Akki Mahadevappa Sahadevappa were elected as members of the Senate of the University from amongst the members of the Karnataka Legislative Assembly. The said communication was received by the Registrar of the University on 11th May, 1999 at 5. 42 p. m. i. e. , after the time fixed for filing of the nomination papers. The University by means of Notification dated 12th May, 1999 notified that the petitioners and the aforesaid Akki Mahadevappa Sahadevappa were elected from amongst the members of the Karnataka Legislative Assembly as members of the Senate under Clause 14 of sub-section (1) of Section 21 of the Act. Subsequently, a meeting notice dated 12th May, 1999 was also issued to the petitioners intimating them to attend the said meeting of the Senate fixed on 25th May, 1999. But, in the said notice the petitioners were informed that they are not entitled to participate in the election to the authorities of the University fixed on 25th May, 1999. The said action was called in question by the petitioners in this petition. On 24th May, 1999, I had granted an interim order permitting the petitioners to participate in the election and further directed the Returning Officer to keep the votes cast by the petitioners separately. Accordingly , they were permitted to participate and vote in the election and their votes were kept separately. However, since out of the two candidates contesting for the Academic Council, one candidate had withdrawn, the election to the Academic Council was unanimous.