BENNAT TOM Vs. CALICUT UNIVERSITY

JUDGEMENT

(1.) The petitioner is pursuing his studies at the Post Graduate level in the 'Government Law College', Kozhikode and he made his nomination as a candidate to the post of 'Class Representative', pursuant to Ext.P1 notification of elections.

(2.) The petitioner says that, however, even though his nomination was valid in all respects, the 2nd respondent - Returning Officer rejected it through Ext.P5, not because of any errors therein, but incredulously saying that, if he is elected, he would not be in a position to discharge his duties as Class Representative, because his classes are to be completed very soon.

(3.) The petitioner asserts that the power of a Returning Officer is only to verify the validity of a nomination paper and not the eligibility or competence of a candidate; and hence that she has exceeded her jurisdiction in having issued Ext.P5, thus justifying him in having approached this Court directly, without invoking his alternative remedy.