Writ petition challenging election notification for Syndicate was closed after respondents agreed to rectify procedural anomalies before holding elections.
Writ petition closed as respondents agreed to rectify anomalies. Connected miscellaneous petitions closed. No costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P(MD)No.1523 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.02.2021
CORAM
THE HONOURABLE MR.JUSTICE V.PARTHIBAN
W.P(MD)No.1523 of 2021 and W.M.P(MD)Nos.1305 and 1307 of 2021
C.Suresh Kumar ... Petitioner
Vs
1.The Vice Chancellor, Manonmaniam Sundaranar University, Abishekapatti, Tirunelveli. 627 012.
2.The Registrar, Manonmaniam Sundaranar University, Abishekapatti, Tirunelveli – 627 012. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings issued by the 2nd respondent herein in No.MSU/R/M&E/ELEC/SYN/NOTFN/2021, dated 13.01.2021 and quash the same insofar as Sl.No.2 alone and further direct the respondents herein to conduct election to category 4 of Class-II, Members of Senate under Section 19 of Manonmaniam Sundaranar University Act, 1990 after finalysing the eligible voter list of registered graduates and consequently hold election to category 4 of class-II Members as per Section 23 of Manonmaniam Sundaranar University Act, 1990 within a reasonable time as may be stipulated by this Court.
For Petitioner : Mr.E.V.N.Siva For Respondents : Mr.Mohaboob Athiff Senior Counsel
ORDER
This writ petition is filed challenging the Election Notification to the Syndicate of the Respondent University and for holding election to the category of Teachers from Senate to the Syndicate.
2.According to the writ petitioner, the election notification is per se illegal, since the procedure contemplated for conducting election has not been followed.
1/2
W.P(MD)No.1523 of 2021
3.This writ petition was taken on file and notice was ordered. In response to the notice, Mr.Mehaboob Athiff, learned Counsel entered appearance. After a couple of adjournments, when the matter was taken up for hearing on last occasion on 18.02.2021, the learned Counsel appearing for the respondent University circulated a proceedings of the respondent University, dated 17.02.2021, whereby a decision has been taken by the University to proceed with the election for the Syndicate in both categories. According to the University, the anomalies pointed out would be rectified and only after complying with the requirements, the election to the Syndicate would be held.
4.The learned Counsel appearing for the petitioner would submit that the same may be recorded and the writ petition be closed.
5.In view of the above development, no issue survives for consideration of this Court and therefore, the writ petition stands closed. No costs. Consequently, connected miscellaneous petitions are also closed.
Sd/-
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
DSK
To
Order made in W.P(MD)No.1523 of 2021 and W.M.P(MD)Nos.1305&1307 of 2021 22.02.2021
SSS(CO) SRS (05/03/2021) 2P : 3C
2/2
2 issues framed by the court
Whether the election notification for Syndicate members was illegal due to non-compliance of election procedure.
Whether to direct respondents to conduct election for category 4 of Class-II Members of Senate.
3 provisions across 2 enactments
C. Suresh Kumar
The Vice Chancellor, Manonmaniam Sundaranar University
The Registrar, Manonmaniam Sundaranar University
V. Parthiban
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
