SATIPATI CHATTERJEE Vs. UNIVERSITY OF CALCUTTA

JUDGEMENT

(1.) IN this application, the election of Shri Kamal Ghosh, the Fourth Respondent, one of the candidates to the Syndicate of the Calcutta University from the Constituency of Readers and Lecturers who are the members of the Faculty Councils for Post graduate Studies has been challenged. The first petitioner is a placer and Head of the Department of Physiology and the second petitioner is the Head of the Department of Sociology of the University of Culcutta. Both the petitioners were the members of outgoing Senate of the University of Calcutta. The first petitioner was a member of the Post Graduate faculty Council Science and the second petitioner was the member of the Post Graduate Faculty Council in Arts. Both the petitioners are in the electric roll of the electorate for election of two members to the syndicate by the Readers and Lecturers of the University in terms of section 2 l (l) (b) (ix) (a) (ii) of the Calcutta University Act, 1979.

(2.) THE Registrar of the University of Calcutta issued a Notification for holding the aforesaid election to the Syndicate which was fixed on 4th December, 1987 at 3 p. m. In the said election, the electors who are the Readers and Lecturers of the: University were required to elect two representatives to the Syndicate. In the said election, Dr. Satya Kinakar pal, Dr. Ashis Roy, the fifth respondents and Shri Kamal Ghosh, the fourth respondent duly filed their nomination papers as candidates which were scrutinised and ultimately found valid. On 4th December, 1987, election took place. The petitioners as voters were, also present at Darbhanga Hall. According to the petitioners, the then Vice-Chancellor, Dr. Santosh Kumar bhattacharya was present in the said Hall where votes were cast according to the petitioners, it is the members concerned of the Faculty Councils for Post Graduate Studies who are entitled to be present and cast their respective votes.

(3.) ON 4th December, 1987, out of 63 electors, 62 participated in the aforesaid election to the Syndicate which was being held in terms, of section 2 l (l) (ix) (a) (ii) of the Calcutta University Act, 1979. After counting the valid ballot papers, it appeared that 35 votes were cast in favour of Dr. Satya Kinkar Pal but Shri Kamal Ghosh and Dr. Ashis Roy the fourth and fifth respondents respectively, got equal number of votes i. e. , 33 votes each. In the instant case, according to the petitioners, although it was the Presiding Officer being the Registrar of the Calcutta University should have exercised the casting vote in terms of the Statute, but as a matter of fact, the Vice- Chancellor who was present in the meeting expressed his desire to extend his support to Sri Kamal Ghosh and the vice- Chancellor declared the said Kamal Ghosh as elected to the Syndicate. According to the petitioner, the said election of Sri Kamal Ghosh to the syndicate from the Constituency of the Faculty of Science from Post graduate Studies is illegal mainly on three grounds. Firstly, the Vice-Chancellor was not the Presiding Officer and accordingly he could not cast his casting vote when there was a tie between the two candidates. Secondly, he did not, as a matter of fact, cast any vote at all. He merely expressed his desire to do so. Thirdly, the Returning Officer having been present the election result could not be declared by anybody else.