SHANTARAM B MUJUMDAR Vs. UNIVERSITY OF POONA ANDOTHERS

JUDGEMENT

(1.) These two writ petitions under Article 226 of the Constitution can be disposed of by this common judgment. On 27th February, 1982, elections, to the office of the Dean for Faculty of Science in the University of Poona, were held. The petitioner and respondent No. 2 in Writ Petition No. 578 of 1982 were the only contestants to the said office. Respondent No. 2 secured 40, while the petitioner 23 votes. Respondent No. 2 was declared to have been elected. Validity of this election is challenged in this petition filed on 2nd March, 1982.

(2.) The Poona University Teachers Association, a society registered under the Societies Registration Act, is the petitioner in the second writ-petition. Elections to the Senate of the Poona University were held on 18th October, 1981. Under section 20(1)(B)(iii) of the Poona University Act, 1974 (hereinafter referred to as "the Act)" 25 teachers are entitled to be elected to the Senate from amongst the teachers of the University and the Colleges, affiliated to the said University. In a writ petition filed by this very Association, challenging the election programme, on the basis of certain irregularities, this Court stayed the elections of 25 teachers from this constituency of the teachers. Notwithstanding the vacancies of these 25 seats in the Senate, proceedings in regard to the Constitution of the Board of Studies, Academic Council and Faculties were carried on by the University. Elections to the office of the Dean, in all these Faculties excepting the Dean of Faculty of Ayurved, also were held soon after the constitution of the Faculties. The petitioner challenges the elections of the Deans to all the Faculties in Writ Petition No. 580 of 1982 filed on 3rd March, 1982.

(3.) Mr. Dalvi, the learned Advocate appearing for the petitioners, relied on the two infirmities to invalidate respondent No. 2s election. Firstly, that the electoral rolls were not published before 45 clear days of the date of election as required under Statute 363. Secondly, that 2 vacancies in the Senate of 25 teachers deprived the petitioners of their votes. His sole contention in the second petition is that absence of 25 representatives of the teachers in the Senate vitally affected in prospects of the candidates in the elections of the Deans of all the Faculties.