R MURTHY Vs. UNIVERSITY OF MADRAS

JUDGEMENT

(1.) THE petitioner is a member of the teaching staff in the third respondent college. THE third respondent college is an autonomous college granted autonomy by the University of Madras. In the present writ petition, the petitioner seeks to quash the election and the declaration of second respondent as having been elected to the Academic Council of the first respondent-University of Madras representing the constituency formed out of the third respondent college.

(2.) THE grievance of the petitioner was that election notification calling for nomination for the membership of the academic council from the constituency of the third respondent college had not been properly notified as per the statute governing such elections. It was deliberately held during the vacation of the college. Hence in the absence of proper notification of election, the election held has to be set aside and fresh elections had to be ordered by this court.

(3.) THE elected candidate viz., the second respondent, who had also become a syndicate member had also filed a counter affidavit dated 19.04.2010. In the counter affidavit, it was averred that there is proper publicity in terms of election and he had filed due nomination. Since there was no opposing candidate, he has been declared elected for the Academic Council.