ANANDRAO DINKARRAO SHINDE Vs. P G PATIL

JUDGEMENT

(1.) The petitioners were elected as Deans respectively for the Faculties of Commerce and Arts in the Shivaji University at Kolhapur on 10th November, 1972. These elections were held under the provisions of the Shivaji University Act of 1962 (hereinafter referred to as 'the Repealed Act') and the Statutes framed thereunder. Section 25 thereof provided that there should be a Dean for each Faculty and that he should be elected by the Faculty from amongst its members. The term of the office of the Dean was left to be prescribed by the Statutes. Under Statute 104, the term of the Dean was limited to three years. It was, however, open for the Dean to seek re-election. On 31st May, 1974, the 1962 Act was repealed by the Shivaji University Act of 1974 (referred to hereinafter as 'the new Act'). Under Section 12 of the new Act also, a Dean for each Faculty is to be elected by the Faculty from amongst its members other than the student members. Under Sub-section (3) itself the term of the office of the Dean is limited to three years and Sub-section (4) prevents any person from holding the office of the Dean for two consecutive terms.

(2.) The Registrar of the Shivaji University issued a notice on 5th January, 1975, calling upon the members of all Faculties to elect Deans for the respective Faculties. Under the said notice such elections were to be held on 27th January, 1976, and nominations were invited before 10th January, 1976, last date for withdrawal of the nominations being fixed on 13th January, 1976. The said notice also indicated that the persons holding office of the Dean at the commencement of the 1974 Act would not be eligible to contest the election to the said office.

(3.) It appears that some doubt had arisen about the true import of Section 12 (41 and the eligibility of existing Deans to contest elections, even before the issuance of the above notice. The Vice-Chancellor referred this question of interpretation to the Chancellor under Section 86 of the new Act. The Chancellor declared that the prohibition under Section 12 (4) also applied to the Deans, elected under the repealed Act and, holding such offices at the commencement of the new Act. Direction in the notice to the above effect is based on this decision of the Chancellor. Validity of this decision and the above direction in the notice is challenged in this Special Civil Application by the above petitioners, who desire to contest elections.