Judgment

SINGH, J. :- This appeal is directed against the judgment of the High Court of Gujarat dated 7th February, 1984 setting aside the election of 28 teachers to the Court of the Gujarat University and the consequential order directing the University to hold fresh election for the 42 members constituency to the court.

2. Briefly the facts giving rise to this appeal are these. The Gujarat University is constituted under the provisions of the Gujarat University Act, 1949. Section 15 of the Act designates the "Court" as an authority of the University. Section 16 provides for the constitution of the "Court", it consists of two classes of members, ex-officio, and elected members. Section 16(1) provides for election to the category of ordinary members of court. Clause (A) (VIII) of S. 16(1) lays down that 42 members shall be elected by teachers of affiliated colleges (excluding Deans of Faculties and Principals of Colleges) from amongst themselves in the manner specified in the statutes. Sections 28 and 29 confer power on the Court to frame statutes in respect of matters which by the Act are required to be prescribed by the statutes. Statute 10(3) of the University of Gujarat provides