PHOOLCHAND SETHI Vs. NAGPUR UNIVERSITY

JUDGEMENT

(1.) THIS is a petition by a registered graduate of the Nagpur University for the issue of a writ of mandamus to the University of Nagpur under Article 226 of the Constitution Quashing the order of the Registrar of the University dated the 21st of November 1956 rejecting the petitioner's nomination paper, of a writ against the respondents directing them to receive the said nomination paper as having been validly delivered to the respondent No. 2, the Registrar, and a writ ordering them to hold fresh elections. He has also applied for an interim order restraining the respondents from announcing the results of the elections to the University Court which have in the meanwhile been held.

(2.) IT is common ground that the petitioner was duly proposed and seconded as a candidate for election to the University Court by the registered graduates of the Nagpur University. It is also common ground that the nomination paper was sent by registered post by the proposer to the Registrar of the University and it was received by him within the time fixed for receiving the nominations. Again, it is common ground that the envelope containing the nomination paper though properly dosed did not bear any seal with a sealing wax.

(3.) ON the date of scrutiny of the nomination papers an objection wag raised by some of the candidates to the effect that some envelopes containing nomination papers were not received in sealed covers, i. e. , in covers on which seals with wax were affixed. After considering this objection the Registrar upheld it and rejected six nomination papers. The petitioner alone from among these six graduates has come up to this Court asking for the relief's which we have already set out above.