SURENDRA MOHAN PATNAIK Vs. GOPAL CHANDRA PATNAIK

JUDGEMENT

(1.) THIS is an application by the Petitioner who is a nominated fellow of the Utkal University, made under Article 226 of the Constitution for the issue of a writ in the nature of Quo Warranto as against the Vice -Chancellor and certain fellows of the Utkal University, challenging the election of some of them to the Senate of the University in the following circumstances :

(2.) THE application arises out of the requirement in Section 12 of the Utkal University Act, which provides for the compulsory retirement of one -fifth of the elected Fellows of the Senate in rotation at the end of each year. The names of the persons who have to be retired are determined by the process of balloting, to be conducted by the Vice -Chancellor, as provided in the Statutes framed by the Senate under the University Act. The names of those persons who were to retire by the end of December, 1952, were in fact determined by the process of balloting carried out by the then Vice -Chancellor. Thereupon a fresh election to fill those seats was held. The opposite party Nos. 10 to 16 are the persons so balloted out on 26 -7 -51 and opposite party Nos. 1 to 7 are the persons who were elected in their place and whose term of office as senators commenced from 1 -1 -52. The opposite party No. 9 is the Vice -Chancellor of the Utkal University.

(3.) TO appreciate the grounds of the petitioner's objection, it is necessary to notice briefly the relevant provisions of the Utkal University Act and the Statutes framed by the Senate thereunder. The Utkal University was formed under the Utkal University Act, Orissa Act XIII of 1943, hereinafter referred as 'the Act.' The Senate thereof is constituted under Section 8 of the Act. By virtue of Subsections (1) & (2) of that Section, the first Senate of the University was to consist of (a) Ex -Officio Fellows, (b) Fellows for life and (c) Nominated Fellows. This first senate may, for purposes of convenient reference be called the 'Nominated Senate' It was also provided by Sub -section (3) of Section 8 as follows :