P DURAISAMY Vs. UNIVERSITY OF MADRAS

JUDGEMENT

(1.) The petitioner prays for a Mandamus to forbear the respondent/Madras University from holding elections to the Syndicate by the Senate members of the Madras University either on 26.10.2002 or any other subsequent date unless and until the respondent constitutes the Senate with twenty members of the representatives of the graduates and fifteen members of nominated members from Scheduled Caste representatives.

(2.) The petitioner contends that the respondent had issued the notification on 16.10.2002, calling for nominations to elect six members to the Syndicate by the Senate among its members. The petitioner was a nominated member of the Senate from 9.1.1999 to 8.1.2002 as well as a nominated member of the Academic Council from 9.3.1999 to 8.3.2002 under Section 14 (9) and 23 of the Madras University Act, 1923. He was under bona fide impression that the elections will be conducted only after the entire electorate was duly constituted. When he approached the respondent to supply to him the list of the electorate during the third and fourth week of September 2002, the respondent failed to supply the list. Only on the last date of the nomination on 13.9.2002, he was supplied with the list of electorate who can participate in the elections. He found that Serial Nos.54, 55, 70, 123 to 142, 159, 160, 161 and 163 are missing. The names of persons found in Serial Nos.37 and 48, relate to individuals who are already Syndicate members and the name given in Serial No.25 is in relation to a person who is dead. According to the petitioner, this itself would show that the list of electorate was incorrect and defective. Therefore any election to be held on the basis of such an incorrect and defective list will be a farce.

(3.) The petitioner further submits that there are about 35 vacancies viz., twenty, to be elected by the registered graduates and fifteen, to be nominated by the Chancellor of whom not less than ten shall be nominated to secure representation to the Scheduled Caste and Scheduled Tribe, not otherwise adequately represented. Even though the petitioner pointed out the vacancies and requested the postponement of the elections till the vacancies were duly filled up, was not at all accepted and the respondents had refused to postpone the elections. The petitioner represents Scheduled Caste Community. For the year 1999-2002, vacancies of 15 seats representing Scheduled Caste Community were filled up. But for the year 2002-2005, no nominations have been made to fill up the 15 vacancies. In the above background, if elections are held, there will be no effective representation to the Scheduled Caste Community in the Syndicate. Hence the above writ petition.