P.A.AZIZ Vs. MAHATMA GANDHI UNIVERSITY

JUDGEMENT

(1.) This writ petition is filed for a declaration that the petitioner continues to be a member of the Finance Committee of Mahatma Gandhi University, the first respondent herein and for a direction to respondents 1 and 2 not to conduct any election to the membership of Finance Committee of the University under the guise that the petitioner has ceased to be a member of the said Finance Committee and consequently there is a vacancy in the Finance Committee.

(2.) The facts involved in the writ petition would disclose that the petitioner is nominated to the Syndicate of the University by virtue of the provisions under The Mahatma Gandhi University Act, 1985 (hereinafter referred to as 'MGU Act'). Ext.P1 is the said nomination. Under Section 22 of the MGU Act the term of office of members of the Syndicate is four years from the date of their nomination. Petitioner, being a member of the Syndicate, was elected to the Finance Committee of the University in its meeting held on 30/06/2011. Ext.P2 is the said minutes. The term of office of the members of the Finance Committee is for a period of four years from the date of their election.

(3.) The Government introduced Ordinance 58 of 2011 amending the MGU Act. Ext.P3 is the said Ordinance. As per Section 7 of Ext.P3 Ordinance, the membership of the petitioner in the Syndicate ceased with effect from the date of Ext.P3 i.e. 01/12/2011. The petitioner has challenged the said Ordinance and the matter is pending in W.P.C.No.33341 of 2011.