CHANCELLOR MADURAI KAMARAJ UNIVERSITY MADURAI HER EXCELLENCY THE GOVERNOR OF TAMIL NADU RAJ BHAVAN GUINDY CHENNAI Vs. S SHANMUGHA SUNDARAM

JUDGEMENT

(1.) THIS appeal raises an interesting question regarding the election of four members to the syndicate from amongst the members of the senate of Madurai Kamaraj University. The elections were held on 25.1.2000 and some four members were declared to be elected. Their elections were challenged before the Chancellor under the relevant provisions of the Act and the rules including statutes. The Chancellor set aside those elections holding that there was infraction of rule 13(2). The respondents herein came before this Court by way of writ petition and the learned single Judge by his judgment has set aside the order of the Chancellor and restored the elections of the four respondents. The present appeal is filed challenging the order of the learned Single Judge.

(2.) MR.Mohan Parasaran, who appeared on behalf of the appellant reiterated the order passed by the Chancellor and contended that under the general principles of the election law the preparation and finalisation of the electoral roll was a sine qua non and such a list should have necessarily been prepared much earlier to the publication of the validly nominated candidates who offered themselves for the election. The reliance was placed on Rule 13 (2) which is as under: