PRATAPRAO SHANKARRAO BHOITE Vs. VICE CHANCELLOR & 34

JUDGEMENT

(1.) Heard learned advocate Mr.Indravadan Parmar for the petitioner, learned advocate Mr.D.G. Chauhan for respondent Nos. 1 to 3; learned advocate Mr.Baiju Joshi for respondent Nos.8-10, 15-16, 18-24, 26-35; learned advocate Mr.Masoom Shah for respondent Nos.4, 6, 25 and learned advocate Mr.Harshadray Dave for respondent No.14. Notice is served to respondent Nos.5, 7, 11-13, 17, none appears.

(2.) In the Statute Book of The Maharaja Sayajirao University there exist a Statute which permits persons to become voters and caste vote in the election to the senate by donating rupees one lakh or property of the market value of rupees one lakh to or for the purpose of the University, thereby becoming eligible to be included in the donor's category of voters, who, in turn, amongst themselves would elect two representatives as members of the University senate.

(3.) It is the case of the petitioner that respondent Nos.5 to 35, in all 31 persons, were erroneously recognised to be wrongly included in the list of donor-voters published on 28th December, 2016. According to the contention of the petitioner, the said 31 persons cannot be regarded as valid voters in the list of donors category in asmuch as they have made payment of Rs.01.00 lakh to private respondent No.4 which is a private firm and that this payment cannot be treated as donation made to respondent No.3 University so as to entitle them to become voters in the senate elections.