VICE CHANCELLOR BHARATHIAR UNIVERSITY Vs. B MARKANDAN

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THESE two appeals have been filed impugning a judgment dated 23.10.2008 passed by a learned Judge of the writ Court, whereby the learned Judge by the judgment under appeal was pleased to allow the writ petition filed by the first respondent. Of the two appeals one was filed by the University and the other one was by an aggrieved party. Since common questions are involved and both the appeals are directed against the same judgment, both the appeals are decided by this judgment.

(3.) THE dispute which has been raised in the writ petition, on the basis of which the aforesaid judgment was delivered, was a dispute relating to an election to the members of the Syndicate from the Senate Constituency. Such election is controlled by the provisions of a statute namely the Bharathiar University Act, 1981 (herein after referred to as the -said Act -). Reference may be made to the Constitution of the Syndicate which is provided under Section 24 of the said Act. THE relevant provision is Section 24(b)Class II which relates to election of -Other Members -, and here we are concerned with one member, which is provided under Section 24(b)Clause II (4).