SHRIKANT MADHUKAR DHOTE Vs. CHANCELLOR, NAGPUR UNIVERSITY

JUDGEMENT

(1.) The petitioner, who was elected as a Secretary of the students Council of the Nagpur University, has filed this writ petition under Art. 226 of the Constitution for challenging the order dated 5th March 1980 passed by the Chancellor setting aside petitioner's election and declaring respondent No. 11 as having been elected to the post of Secretary of the Students Council of the Nagpur University.

(2.) In the election that was held on 23rd Sept. 1979 for the post of Secretary of the Students Council, the petitioner secured 50 votes of first preferential value as against 49 votes secured by respondent No. 11. The petitioner, therefore, was declared elected as Secretary of the Students Council by the Students' Council Eleciion Committee constituted by the Vice Chancellor under Statute 39 (1) of the Statutes of the Nagpur University enacted under Nagpur University Act, 1974. Respondent No. 11, who was not satisfied with the counting of votes, demanded recount which was granted. At the time of the re-count, which took place on 25th Sept. 1979, respondent No. 11 raised objections about the validity of three votes cast in favour of the petitioner. On two voting papers the voters, besides writing their preference, wrote the name of the candidate in whose favour they voted, while on the third voting paper the voter indicated his preference by writing the number not in the prescribed column but just opposite the name of the candidate and in a manner which gave an appearance of a question mark. The Election Committee, however, rejected the objections that the name of the candidate written on the two voting papers tended to disclose the identity of the voters and that the question mark showed that the voter was not sure as to whom he wanted to vote. Being aggrieved by this decision of the Election Committee, respondent No 11 filed an application under section 11 (3) and (4) read with section 34 of the Nagpur University Act, 19,74 to the Vice Chancellor requesting him to declare that the three votes cast in favour of the petitioner were invalid, that respondent No. 11 was duly elected as the Secretary of the Students' Council and to restrain the petitioner from taking charge of the post of Secretary of the Students' Council. The Vice Chancellor rejected this appeal and being aggrieved by this order which was communicated to respondent No. 11 on 26th Sept. 1979, respondent No. 11 filed the Writ Petition No. 2483 of 1979. This petition was rejected on 6.10-1979. One of the grounds on which the petition was rejected and why this Court refused to interfere in the matter was that respondent No. 11 did not invoke section 77 or moved the Vice Chancellor for making a reference to the Chancellor under section 86 of the Nagpur University Act, 1974. Accordingly respondent No. 1 moved the Vice Chancellor to make a reference to the Chancellor as contemplated by section 86 of the Nagpur University Act. 1974 and the Vice Chancellor made the reference to the Chancellor as desired by respondent No. 11.

(3.) At the hearing of the reference, respondent No. 11 G. S. Kapgate and two members of the Election Committee Dr. C. G. Pande and Shri B. T. Deshpande were present. The petitioner was not present at the hearing of the reference. The Chancellor has observed in his order that respondent No 11 (petitioner before the Chancellor), the present petitioner S. N. Dhote and the members of the Election Committee were informed about the date of hearing and were requested to be present at the hearing.