LAWS(MPH)-1957-1-15

RAJENDARKUMAR CHANDANMAL Vs. GOVERNMENT OF STATE

Decided On January 16, 1957
RAJENDARKUMAR CHANDANMAL Appellant
V/S
GOVERNMENT OF STATE Respondents

JUDGEMENT

(1.) THIS is a Petition under Article 226 of the Constitution of India for the issue of writs of quo-warranto and prohibition submitted by one Rajendrakumar Jain of ujjain, claiming to be a bona fide resident of the State of Madhya Pradesh and a candidate for membership of the Senate of the Madhya Bharat Vikram University, against the State of Madhya Pradesh, the Government of Madhya Pradesh, the chancellor, the Vice-Chancellor, the Registrar, Assistant Registrar and Dr. Boolchand, Special Officer of the Madhya Bharat Vikram University.

(2.) THE petitioner's allegations are that the legislature of erstwhile State of Madhya bharat passed an Act known as Madhya Bharat Vikram University Act, No. 18 of 1955 and the said Act received the assent of Rajpramukh on 17-6-1955, that this act, which was published in the Madhya Bharat Government Gazette dated 25-61955, by Section 1 Sub-section (2) provided ''it shall come into force on such date as the Government may, by notification in the Gazette, appoint in this behalf; that however subsequent to the passing of the Act, neither the Government of Madhya bharat nor the Government of Madhya Pradesh, after the formation of the new state of Madhya Pradesh by the States Reorganisation Act, 1956, issued notification in the Gazette appointing any date for its coming into force and that for that reason the said Act has not come into force; that so far as is known to the petitioner the office of Registrar of the University is vacant but in case he is appointed that officer and other respondents Nos. 3, 4, 6 and 7 have no authority of law to exercise any authority or right or perform any duty or do any function in relation to the said University as according to the petitioner this can be done only after the Act comes into force; that in spite of this fact respondent No. 7 Dr. Boolchand has assumed the office of the Special Officer and has invited, by notification in the Gazette, the graduates to get themselves registered as registered graduates of the said University and that in pursuance of the said invitation about 176 graduates got themselves registered as registered graduates of the said University by 1-10-1956; that subsequent to such registration respondent No. 6 claiming to be the Assistant Registrar of the said University invited the said graduates who had thus been registered to file their nomination-papers for standing as a candidate at this year's election of six members of the senate by 3-12-1956 and that for this purpose respondent No. 6 has issued blank voting papers initialled by him to vote for any candidate standing at the proposed election which would be completed by 27-12-1956.

(3.) IT is contended that the assumption of their respective offices by respondents nos. 3 to 7, performance of duties and function and exercising rights in connection with this year's election of six members of the senate and other matters connected with the aforesaid University are without authority of law as the Act has so far not come into force at all.