Judgment

RAY, J.: This an appeal by certificate under Article 133 (1) (c) of the Constitution from the judgment dated 18 and 21 December, 1970 of the Bombay High Court.

2. The Bombay High Court issued a writ of quo warranto declaring that respondent No. 3 Dr. Balkrishna Pandurang Apte is not entitled to act as the Vice- Chancellor of the University of Poona in pursuance of the election held on 9 May, 1970 and further restraining him from acting as the Vice-Chancellor.

3. H. V. Pataskar, the Vice-Chancellor of the University of Poona died on 21 February, 1970. The Governor of Bombay who is the Chancellor of the University then nominated Maha Mahopadhyaya Datto Vaman Potdar to act as the Vice -Chancellor until the date on which another Vice- Chancellor was elected under sub-section (1) of Section 11 of the Poona University Act, 1948 (hereinafter referred to as the Act).

4. Under section 12 of the Act the Vice- Chancellor is the principal executive and academic officer of the University. Under Section 11 of the Act the Vice- Chancellor shall be elected by the Court from among three persons recommended by the Executive Council. Section 56 of the Act provides that every election to the offi