A writ petition challenging the legality of an election notification for university syndicate members was closed because the respondent university decided to proceed with the election after rectifying anomalies and complying with requirements.
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W.P(MD)No.3081 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.3081 of 2021 and W.M.P(MD)No.2459 and 2460 of 2021
S.Kalai Arasu
.. Petitioner
Vs
1.The Vice Chancellor, Manonmaniam Sundaranar University, Abishekapatti, Tirunelveli. 627 012.
2.The Registrar, Manonmanium Sundaranar University, Abishekapatti, Tirunelveli – 627 012.
3.The Principal, Arignar Anna College, Aralvoymozhy, Kanyakumari District.
4.Dr.C.V.Somasundari ... 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 on the file of the 2nd respondent herein in No.MSU/R/M&E/ELEC/SYN/NOTIFN/2021, dated 13.01.2021 and quash the same with reference to the election of two members to the syndicate of Manonmaniam Sundaranar University, by the Teachers of the affiliated colleges; other than the Principals, from among themselves, who are members of the Senate, as per Chapter IV Section 23(b), class II – other members, Sub-Section (2) of the Manonmaniam Sundaranar University Act and consequently direct the 2nd respondent to complete the enquiry and announce the result of the enquiry for the declaration by the 3rd respondent of one member to the Senate of the University from the Arignar Anna College, Aralvoimozhi, Kanyakumari District in the election conducted on 05.03.2020 and then conduct the election for syndicate of the University under this category.
For Petitioner : Mr.M.P.Senthil
For Respondents : Mr.Mohaboob Atiff
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W.P(MD)No.3081 of 2021
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.
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.
Assistant Registrar (AD II)
// True Copy //
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W.P(MD)No.3081 of 2021 22.02.2021
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S. Kalai Arasu
The Vice Chancellor, Manonmaniam Sundaranar University
The Registrar, Manonmaniam Sundaranar University
The Principal, Arignar Anna College
Dr. C.V. Somasundari
V. Parthiban
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
