GOPI Vs. VICE CHANCELLOR

JUDGEMENT

(1.) The short question that arises for determination in this O.P. is whether the Vice Chancellor of the Kerala University has, under the Kerala University Statutes, jurisdiction to decide an election dispute or whether the repository of power is vested only on the Chancellor.

(2.) Elections to the Kerala University Syndicate were held in August/September 1984. The petitioner has been declared elected. The 2nd respondent who lost the election filed an election petition under Statute 29 of the Kerala University (Conduct of Elections to various Authorities or Bodies) First Statutes 1974, for short the Statutes, praying (a) that he be declared elected; (b) the election may be set aside; and (c) a recount may be ordered.

(3.) When the Vice Chancellor proceeded to hear the election petition, a preliminary objection was raised that he has no jurisdiction to hear and dispose of the election petition. The Vice Chancellor as per Ext. P5 held that "he has jurisdiction to go on with the bearing of the case and pass orders on the validity of the counting done in the election process". A reference to the provisions of the Statutes may be sufficient to decide the jurisdictional question. The learned counsel for the petitioner contends that after an election is over and the results have been declared, the Chancellor alone has got jurisdiction to decide the dispute and that the Vice Chancellor under the statute is only the authority to forward the election petition to the Chancellor.