PROFESSOR SHATRUGHNA PRASAD SINGH Vs. CHANCELLOR BHAGALPUR UNIVERSITY

JUDGEMENT

(1.) The petitioner's case is that he is a Lecturer in Political Science in Saharsa College. He was declared elected as a member of the Senate of the Bhagalpur university in the election held on the 10th of November, 1952, from the Teachers' Constituency of the said College. The fourth-respondent was a rival candidate of the petitioner from the said constituency but in the election he was defeated, Altogether 25 votes had been cast in which one was declared invalid and out of the remaining 24 votes the petitioner and the fourth respondent secured 12 votes each. The decision was taken by lot in which the fourth respondent participated wherein the petitioner got elected and was declared so on the 12th of November, 1962. At the time of the election on 10-11-62, respondent No. 4 objected to the casting of vote by one Professor Vidyanath Misra on the ground that he was not a member of the teaching staff of Saharsa College at the relevant time. On 13-11-62, a day after the declaration of the result of the election, he made an application to the Registrar, Bhagalpur University, respondent No. 3, making a prayer therein for recounting of votes to resolve his daubts. On 17-11-62 he made another application to tne Registrar for favouring him with a certified copy of the forwarding letter of the Presiding Officer dated 10-11-62 to enable him to take such legal steps as may be necessary. Finally, on 21-11-62 respondent No. 4 made an application to the Vice-chancellor, respondent No. 2, for investigating into the whole case and rendering justice to him. The University constituted a Committee to enquire into the allegations levelled by respondent no. 4 and the saw Committee recommended for the rejection of the objections raised by him. The Vice-Chancellor forwarded the findings ot the Committee to the Chancellor, respondent no. 1, under Section 52 of the Bihar State Universities (Patna, University of Bihar, Bhagalpur and Ranchi) Act, 1960 (Bihar Act XIV of 1960), hereinafter called the Act. On being asked to show cause, the petitioner filed his rejoinder before the Chancellor who heard him and respondent No. 4 on the 25th of April, 1963. He has been pleased to set aside the election of the petitioner by his order decree 18-5-63 and to declare respondent No. 4 as the duly elected Teachers' Representative to the Senate from Saharsa College. The petitioner has obtained a rule against the respondent to show cause why the order of the Chancellor dated 18-5-63 (Annexure G) be not quashed by grant of a writ in the nature of certiorari. Notice of the rule was served on the respondents and cause has been shown by Mr. A.B. Jha, learned counsel for respondent no. 4, and Mr. Dinesh Charan on behalf of respondents 2 and 3.

(2.) Mr. Balbhadra Prasad Singh appearing in support of the rule has urged the following 3 points:

(3.) In my opinion, the first point urged on behalf of the petitioner is well founded and must succeed. In that view of the matter, it is not necessary for me to discuss or decide the other two points urged on his behalf.