MOHAMED HANEEFA K. Vs. UNIVERSITY OF CALICUT

JUDGEMENT

(1.) Present writ appeal on behalf of the writ petitioner is directed against the judgment of the learned Single Bench, who has not been successful in laying challenge to the order of the Chancellor dtd. 02/02/2024.

(2.) Preface to the litigation in brief is as under:

(3.) Respondents 6, a nominated member and respondent no.7 a nominated ex-officio member as provided under Sec. 7 of the Act also submitted nominations. The nominations were rejected by the Returning Officer on the ground that 6th and 7th respondents are not elected to the Senate or not representing in the Senate. Respondent Nos.6 and 7 on rejection of the nomination, approached the Vice Chancellor, who did not intervene and thereafter by invoking the provisions of Sec. 21 (a) (iii) of the Act, invoked the jurisdiction of the appeal before the Chancellor. Vide speaking order dtd. 02/02/2024, noticing the balance of convenience, cognizance of the appeal was taken and vide interim order stayed the elections of the Syndicate during the pendency of the appeal. The said action was assailed before the Single Bench. Learned Single Judge rejected the writ petitions by holding that the proceedings is qua election and therefore the Chancellor had the power.