B N AHUJA Vs. G S PATHAK

JUDGEMENT

(1.) Dr. B. N. Ahuja by means of this petition under Article 226 of the Constitution of India has prayed for the issuance of a writ to quash the decision of the scrutiny officer whereby the nomination paper for the election of Shri G. S. Pathak, Vice-President of India, respondent No. 1, to the office of the Chancellor of the University of Delhi was held to be valid. Prayer has also been made in the petition for declaring Dr. Govind Rai Chaudhry, the only other contestant to the office, as having been duly elected to the said office. The respondents named in the petition, besides Shri Pathak, are the Vice-Chancellor and the Registrar of the University of Delhi.

(2.) Delhi University was established under the provisions of the Delhi University Act, 1922 (Act No. VIII of 1922). Section 8 of that Act specifies the persons who shall be officers of the University. The Chancellor tops the list of those officers. Section 9 of the Act, as it originally stood, provided that the Chancellor would be the GovernorGeneral. The Act was amended by the Amending Act No. V of 1952 which came into force on March 1, 1952. According to section 7-A, as introduced by the amending Act, the President of India shall be the Visitor of the University. Statutes have been made under section 29(1) of the Act. According to Statute 11-C the Chancellor shall, by virtue of his office, be the head of the University, and, if present, shall preside at the convocation of the University and at all meetings of the Court. Statue 11-B deals with the election of the Chancellor and reads asunder :-

(3.) The office of the Chancellor of the University of Delhi fell vacant as the previous Chancellor, Shri V. V. Giri, resigned from this office on October, 14, 1969. A notice dated December 1/4, 1969, was issued by the Registrar respondent No. 3 calling a meeting of the University Court on December 20, 1969 in the Old Convocation Hall of the University. Item No. 5 of the Agenda, circulated for the meeting, read as under :-