RAMAN PILLAI Vs. KERALA UNIVERSITY

JUDGEMENT

(1.) "Senate", under the Kerala University Act, 1974 (for short 'the Act') is the supreme body conferred with vast powers in the functioning of the University. It consists of ex officio as well as elected members from different specified constituencies. S.18 of the Act mandates that the Senate shall be reconstituted every four years in the manner indicated therein. The term of the present Senate of the Kerala University expires on 21-1-1993. Necessarily the reconstituted Senate has to come into being on the next day. The Vice Chancellor of the University, issued notification for holding election in the specified constituencies and appointed the Registrar of the University to be the returning officer. In turn, the returning officer issued Ext. P1 notification dated 15-1-92 fixing a schedule of dates for the election regarding various formalities such as scrutiny of nominations, withdrawal of nominations, polling, counting of votes etc. But the Vice Chancellor of the University in the purported exercise of his powers contained in Statute 4 (2)(ii) in Chapter I of the Kerala University (Conduct of Elections to various Authorities or Bodies) First Statutes, 1974 postponed the elections syndic. Thereupon, the returning officer published Ext. P3 notification holding that the conduct of election stands postponed until further orders.

(2.) Petitioners have offered themselves as candidates indifferent constituencies and their nominations, according to them, were accepted. They have filed these Original Petitions challenging Ext. P3 notification as well as the order of the Vice Chancellor pursuant to which the returning officer issued Ext. P3.

(3.) A scrutiny of Ext. P1 schedule reveals that even if the election process could be completed as per the said schedule, the last date of completion of all the formalities is 18-1-1993. It is crystally clear, and admitted by all sides, that if election cannot be held in accordance with Ext. Pl schedule, the Senate cannot be reconstituted with effect from 21-1-1993. The corollary is that postponement of the various dates fixed in Ext. P3 would defeat the legislative mandate contained in S.18 of the Act.