AKHILESH KESARWANT Vs. HARI SINGH GAUR VISHWAVIDYALAYA

JUDGEMENT

(1.) In this writ petition, petitioners have prayed for the relief to declare that term of petitioners as Member of Court and Executive Council is valid till 9-1-2005. Petitioners are entitled to function as such, respondents be commanded to allow the petitioners to function without any obstruction or fetter.

(2.) The petitioners were elected as representative of registered graduates on 24-11-2000, on being registered graduates they became entitled to be members of the Court as specified in the category (xix) mentioned in Group C of Section 20(1) of the M. P. Vishwavidyalaya Adhiniyam, 1973 (hereinafter referred to as "the Adhiniyam"). The Court as per S. 20(1) of Adhiniyam was constituted on 10-1-2002, notification (P/1) was published on the same very day. As per section 20(3) of Adhiniyam term of Court is three years, that is, up to 9-1-2005. Petitioners term is co-extensive and coterminous with the term of the Court. Thereafter petitioners were elected as Members of the Executive Council as per Section 23(iii) of the Adhiniyam. Notification (P/2) was published on 27-3-2003. Thus, petitioners are eligible and entitled to work and function as members of the Court and Executive Council till 9-1-2005.

(3.) It is averred in the writ petition that respondents acting illegally and arbitrary have prematurely determined the term of the members of the Court and Executive Council with effect from 24-11-2003 treating the date of election, that is 24-11-2000 as the date of the commencement of the term and have prevented the petitioners from participating in the meetings of the Court and Executive Council, press release has been issued on 20-1-2004, the action is illegal, contrary to law laid down by this Court in Surendra Sohane v. Dr. Hari Singh Gour Vishwavidyalaya 1991 MPLJ 489 : (AIR 1991 MP 312). Notice (P/4) dated 8-12-2003 was issued for meeting of the Executive Council to be held on 24-12-2003, petitioners were not noticed. Petitioners have submitted that action is contrary to provision of Section 20(3) of Adhiniyam. Term of the petitioner will expire on 10-1-2005.