C S VIDYASAGAR Vs. KERALA AGRICULTURAL UNIVERSITY

JUDGEMENT

(1.) This writ appeal is filed against the judgment dated 15-3- 2004 in W. P. (C) No. 634 of 2004. The appellant is the petitioner in the writ petition and the respondents herein are the respondents in the writ petition.

(2.) The appellant is a member of Vithura Grama Panchayat (hereinafter referred to as 'the Panchayat). He was elected as President of the said Panchayat on 5-10-2000. As per Ext. P1 notification dated 6-9-2002 the Chancellor of the Kerala Agricultural University (hereinafter reterred to as 'the University) in exercise of his power under Section 10 of the Kerala Agricultural University Act, 1971 (hereinafter referred to as 'the Act) nominated the appellant as a member of the General Council of the University. The said nomination of the appellant as a member of the General Council of the University was in his capacity as the President of the Panchayat. Under Section 10 of the Act, the Chancellor is competent to nominate two Presidents of Grama Panchayats to the General Council. Later the appellant was elected as a member of the Executive Committee of the University. While the appellant was continuing as a member of the Executive Committee of the University he was removed from the office of the President of the Panchayat through a no confiderce motion on 17-10-2003. Thus he ceased to be the President of the Panchayat. Thereafter he was not invited or allowed to participate in the meetings of the Executive Committee of the University. Hence he filed the writ petition praying for the following reliefs :- (i) To issue a writ of mandamus or other appropriate writ, order or direction, declaring that the petitioner is entitled to continue as a member of the Executive Committee of the Kerala Agricultural University till 17-6-2005 by virtue of Section 15 (1) of theKerala Agricultural University Act, (ii) To issue a writ of mandamus or other appropriate writ, order or direction, restrainitng the respondents from terminating the membership of the petitioner from the Executive Committee before 17-6-2005 otherwise than in accordance with 15 (1). of the Kerala Agricultural University Act, (iii) To issue such other and further reliefs as may be prayed for from time to time. The learned single Judge dismissed the writ petition and rejected the claim of the writ petitioner to continue as a member of the Executive Committee of the University. Aggrieved by the judgment of the learned single Judge, the writ petitioner has filed this appeal.

(3.) The only contention urged by the learned counsel for the appellant is that in view of Section 15 (1) of the Act, the appellant is entitled to continue as member of the Executive Committee till the day immediately preceding the date of reconstitutlon of the General Council which elected him. It is also contended that the learned single Judge erred in rejecting the appellant's right to continue as member of the Executive Committee relying on the provisions contained in Section 11 of the Act.