RAJESH MAHENDRABHAI JOSHI Vs. BHAVNAGAR UNIVERSITY

JUDGEMENT

(1.) Pursuant to the consensus, rule was issued and service of which is waived by learned Assistant Government Pleader, Mr.Dave for respondent no.1, by learned advocate Mr.Chhaya for respondent no.2, and by learned advocate Mr.Thakkar for respondent no.3, and in view of the element of urgency involved, consensual request for final hearing is accepted by us and, therefore, we have heard the matter on merits for final judicial adjudication.

(2.) A short, but interesting question, at the instance of the petitioner, who is according to him, a duly elected representative of the Bhavnagar Municipal Corporation to the Court of Bhavnagar University and the action of the respondent-authority, in directing repoll, cancelling the election process ended with counting and resultsheet, dated 22.3.2004, is raised for reconsideration and adjudication in this writ petition, under Article 226 of the Constitution of India.

(3.) The claim of the petitioner has been that, pursuant to the election programme, he has been one of the candidates for the election for the Bhvnagar Municipal Corporation to the Court of Bhavnagar University, as he is eligible to be elected for the post of Member of Bhavnagar University from the constituency of the Bhvanagar Municipal Corporation, contemplated under Section 15 of Clause II (A) (iv) (b) of the Bhanvagar University Act, 1978 [for short "Act"]