MUHAMMED NISAK P.M. Vs. KERALA AGRICULTURAL UNIVERSITY

JUDGEMENT

(1.) THE petitioner, a graduate student in the Kerala Agricultural University, the 1st respondent herein, challenges the inclusion of certain students in the election notified as per Exhibit P1. Exhibit P1 notifies the election to the Academic Council under the Kerala Agricultural University Act, 1971. The constituencies, as indicated in the notification itself, are three in number; being the Post Graduate students, the Research students and Teachers. The dispute is with respect to the electoral college of the Post Graduate students, which category has, in the Academic Council, two members who are entitled to be elected from amongst them. The petitioner is aggrieved with the inclusion of the Integrated Post Graduate students being participated in the elections and one of them having filed a nomination for being elected.

(2.) THE petitioner admittedly is a graduate student and does not form part of the electoral college and is not entitled to participate in the election to any of the Constituencies prescribed in Exhibit P1 notification. The petitioner's claim is that if an under -graduate in the Integrated course is permitted to participate, then the petitioner, who is also an under -graduate, should also be permitted to participate. It is also submitted that, in the last instance such persons were excluded. The petitioner seeks to challenge the same in the capacity of the Convenor of a students' organization also.

(3.) THE preliminary issues which arise for consideration herein, are two fold; one the locus standi and another the non -inclusion of any persons, who are sought to be removed from the electoral roll, in the party array.