SHAILESHBHAI MOHANBHAI PATEL Vs. MANOJ KHODIDAS PATEL

JUDGEMENT

(1.) THE appeal is admitted. Since the learned advocates are appearing on behalf of the respective respondents, service of notice of admission be dispensed with.

(2.) SINCE the parties have appeared and we have heard them fully, this appeal is disposed of finally.

(3.) THE following facts are not in dispute:- 4.1 On December 16, 2010, the name of one Mukesh Jethabhai Patel was nominated by Patan Municipality as a member of the Senate of the Hemchandracharya North Gujarat University as provided in the concerned Statute of the University and consequently, he became a nominated member of the Senate of the University. 4.2 On January 18, 2012, the said Mukesh Jethabhai Patel tendered his resignation as a member of the Senate by sending the same to the Patan Municipality instead of sending it to the Vice-Chancellor of the University. 4.3 On the very next day, i.e. January 19, 2012, the Patan Municipality accepted the said resignation and on January 20, 2012, the same was forwarded to the University and at the same time, the Municipality nominated the name of the present appellant in place of Shri Mukesh Jethabhai Patel as a member of the Senate of the University. 4.4 On January 20, 2012, the University received the resignation of Mukesh Jethabhai Patel through nominating body and accepted the same. 4.5 On January 21, 2012, the Vice-Chancellor of the University appointed the respondent no.1 before us who was the writ-petitioner, as ordinary member under Section 16[1] of the Hemchandracharya North Gujarat University Act, Gujarat Act, 1986 ["the Act"]. 4.6 On January 24, 2012, election programme of the Executive Member of the University was published and on February 10, 2012, the appellant was declared as elected candidate of the Executive Committee and the writ-petitioner was declared as unsuccessful candidate having lost to the appellant. 4.7 On June 26, 2012, the writ-petitioner preferred an appeal under Section 77 of the concerned Statute of the University before the Secretary, Gandhinagar, which was dismissed and thereafter, in the month of July, 2012, the respondent no.1 preferred the Special Civil Application No. 11371 of 2012, challenging the order of the Secretary. 4.8 The contention of the writ-petitioner in the said Special Civil Application was that as Mukesh Jethabhai Patel, the earlier nominated member of the Patan Municipality, had not by himself sent his resignation letter direct to the Vice-Chancellor of the University but delivered the same to the Municipality, the appointment of the appellant as subsequent nominee of the Municipality was invalid and it should be presumed that the previous nominated member, i.e. Mukesh Jethabhai Patel was still continuing in his office. 4.9 In the writ-application filed by the respondent no.1, he prayed for the following main reliefs:-