M GOPI Vs. A SHAMSUDDIN

JUDGEMENT

(1.) The Syndicate of the Kerala University is a multi member constituency with five ex officio members and twelve elected members. The method of election is by the single transferable vote which thus provides for preferential voting. The election was held on 4th September, 1984 and the Registrar, the returning officer, declared the names of the candidates who have been elected. The election was challenged in an election petition by Sri Shamsuddin, a candidate who lost in the election. The Chancellor held that the procedure adopted by the returning officer in counting the votes was opposed to the relevant election statutes and directed recounting, after formulating the principles to be followed. One of the candidates Sri Gopi, declared elected by the returning officer, apprehending that the recount ordered may upset his election, challenged the order of the Chancellor under Art.226 of the Constitution. A learned single Judge accepted the reasoning and conclusion of the Chancellor and the writ petition was dismissed. Aggrieved, the writ petitioner has filed W. A. 460 of 1987. Another candidate who was also declared elected by the returning officer and who was party to the writ petition has filed a separate appeal, W. A. No. 501 of 1987, supporting the appellant in the connected appeal and contending that no recount should have been ordered by the Chancellor. Both the appeals are heard together.

(2.) We shall state only the relevant facts and then advert to the statutory provisions to consider the questions of law raised by the appellants.

(3.) According to S.21, Kerala University Act, there are only twelve elected members in the Syndicate, members to be elected by the senate from among themselves. They are :