Disposed

Santosh Sahai v. Allahabad University Allhabad and 2 Others

Allahabad HC7 Mar 2019WRIC/38669/2018

Case brief

AI extract

What is this about?

The Court disposed of a writ petition challenging election proceedings and membership criteria of Allahabad University. It held that complex factual disputes on membership belong to the University Registrar. Petitioner was directed to submit a detailed representation within 15 days for the Registrar to decide expeditiously.

What did the court decide?

Petitioner directed to submit detailed representation to University Registrar within 15 days for consideration.

Santosh Sahai Vs Allahabad University Allhabad and… — Service and Employment | Allahabad HC (2019)

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Chief Justice's Court

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Case :- WRIT - C No. - 38669 of 2018

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Petitioner :- Santosh Sahai Respondent :- Allahabad University Allhabad And 2 Others Counsel for Petitioner :- Mohan Srivastava Counsel for Respondent :- Neeraj Tripathi,C.S.C.

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Hon'ble Govind Mathur,Chief Justice Hon'ble Saurabh Shyam Shamshery,J.

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This petition for writ is preferred with the prayers as follows:-

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"1. Issue a writ, order or direction in the nature of mandamus directing/commanding the respondent no.1 to provide correct list of Employees including the name of petitioner to the Returning Officer, Prof. D.K. Chauhan as per Allahabad University Notification No.1869 dated 14.8.14 for conducting the election of Ministerial and Technical Staff Union, Allahabad University (2018-19).

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2. Issue a writ, order or direction in the nature of mandamus directing/commanding the respondent No.1 to issue the list of Employees whether his membership fee is being deducted from the salary or not because there is no provision to discriminate the Employees on the ground of membership fee issue.

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3. Issue a writ, order or direction in the nature of mandamus directing/commanding the respondent No.1 quashing of the list of Employees which is provided by the Deputy Registrar (Admn.) to present Returning Officer, Prof. D.K. Chauhan on his demand for the names of those employees whose membership fee of Union was deducted from the salary.

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4. Issue a writ, order or direction in the nature of mandamus directing/commanding the respondent authorities to protect the legal and statutory rights of the petitioner to vote and participate in the election scheduled to be held on 29.11.2018.

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5. Issue a writ, order or direction in the nature of mandamus directing/commanding the respondent authority No.1 to quash the election proceeding of the Ministerial and Technical Staff Union, Allahabad University (2018-19) initiated by Prof. D.K. Chauhan, Returning Officer, with intension to establish the second and parallel association in the same session, although the conduction of the another election of the same Union initiated by Prof. D.K. Chauhan is not permissible under the mandatory provision of Ordinances of Allahabad University vide ORDINANCE LXVI:ASSOCIATIONS OF THE STAFF AND STUDENTS (Under clause (xxii) of section 7) Section 1 (a) (ii) which specifically allows the establishment of only one association for the Non-teaching Staff of Allahabad University.

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6. Issue a writ, order or direction in the nature of mandamus directing/commanding the respondent authorities to quash the notification

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of election of Ministerial and Technical Staff Union which has been notified by Prof. D.K. Chauhan, Returning Officer."

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The issue sought to be agitated by the petitioner pertains to election of Ministerial and Technical Staff Union of the Allahabad University.

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It is stated that as per the Ist Ordinance of the University, there cannot be two associations of the Non-Teaching staff and in the University one association of Non-Teaching staff is already in operation and elections thereof too has taken place. Therefore, no second election could be ordered by the respondents.

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The argument advanced as a matter of fact is not in conformity with the prayer of the petitioner which essentially relates to participation in the election concerned.

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Be that as it may, the entire dispute involves several complicated questions of facts relating to membership of the association concerned and those cannot be examined in writ jurisidction of this Court.

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In view of it, the writ petition is disposed of by keeping the petitioner at liberty to approach the Registrar, Allahabad University for redressal of his grievance by way of submitting a detailed representation. The petitioner, if submits any such representation within a period of 15 days from today, the Registrar, Allahabad University shall consider and decide the same in accordance with law expeditiously preferably within a period of one month thereafter.

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Order Date :- 7.3.2019 Bhaskar

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(Saurabh Shyam Shamshery, J.) (Govind Mathur, C.J.)

Santosh Sahai v. Allahabad University Allhabad and 2 Others

Case brief

What is this about?

What did the court decide?

Santosh Sahai v. Allahabad University Allhabad and 2 Others

Case brief

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