ASHISH MAHENDRA Vs. VICE CHANCELLOR

JUDGEMENT

(1.) By this writ petition, a challenge has been made to the order dated 08.02.2018 passed by the Registrar of respondent-University cancelling the election of the representative of the University in the Dental Council of India.

(2.) Learned counsel for the petitioner submits that as per Section 5 of the Dentist Act, 1948 (hereinafter referred to as 'the Act of 1948'), the Registrar of University has no competence to cancel the election. In case of dispute, the matter needs to be referred to the Central Government for its decision and in that case, the decision of the Government would be final. In view of above, the impugned order has been passed by the incompetent authority thus, on that ground itself, it deserves to be set aside.

(3.) Referring to the facts of this case, learned counsel for the petitioner submits a schedule of election was announced by the respondent-University. The date of submission of nomination, its withdrawal and finally the date of declaration of result was given. The notification issued for it makes specific reference of Section 3(d) of the Act of 1948 regarding election of the representative of the University in the Dental Council of India. As per the schedule of election, the result was to be declared on 23.09.2017 at 05.00 pm. The respondent-University adhered to the schedule of election and accordingly after completion of process of the election, the votes were counted on 23.09.2017. The petitioner could get 27 votes out of 49 and the other candidates could get 22 votes. In view of above, even the counting took place but the respondent-University, for reasons best known to them, did not declare formal result. It was withheld going contrary to the programme of election, which was conducted under the University Code. Accordingly, it is not only that cancellation of election is illegal, as the order for it has been passed by the Incompetent Officer but even withholding the result by the University is also illegal. The University should be commanded with a direction to declare the result as the counting took place on 23.09.2017 itself.