The interpretation of statutory provisions and the absence of specific grounds for challenging elections under the RGUHS Act were central to the judgment.

( 1 ) SINCE same questions of law and facts are involved on all these three petitions, all these petitions are disclosed of by this common order.

( 2 ) THE writ petitioners in all these three writ petitions were the elected members to the Syndicate of Rajiv Gandhi University of Health Sciences (hereinafter referred to as RGUHS for brevity) at the elections held on 5. 7. 2003. Their election was challenged by the respondent Dr. H. Veerabhadrappa by filing an election petition before the Chancellor, by his order dated 8. 7. 2003 has set aside the election solely on the ground that the election was vitiated by the improper acceptance of the vote of one Dr. R. D. Desai who had voted when on leave to the post of In-charge Principal of Vijayanagar institute of Medical Sciences, Bellary. This order of the Chancellor is challenged in these three writ petitions.

( 3 ) LEARNED counsel for the University RGUHS was directed to produce the records during the hearing of the petitions. Accordingly, he has done. Briefly stated, the facts leading to the filing of these petitions as gathered from the records and the pleadings are as under: the affairs of the Rajiv Gandhi University of Health Sciences is governed by a legislative enactment called as Rajiv Gandhi University of health Sciences Act, 1994 (hereinafter referred to as the RGUHS Act ). The RGUHS Act has created certain officers and authorities for effective administration of its affairs. Among them, foremost is the Senate and the Syndicate as per Sec. 20 of the Act. Under Sec. 21 (xiv) of the Act, the members of the Senate consists among others, 6 heads of the colleges nominated by the chancellor in consultation with the Vice Chancellor by rotation for a period of three years.

( 4 ) THE other important body of the University is the Syndicate constituted under sec. 24 which consists of the Vice Chancellor and among others, 3 persons elected by the Senate from amongst themselves (Sec. 24 (VII ). The Syndicate has been given important legislative functions under Sec. 35 of the Act and the power to frame Rules under Sec. 36. Section 33 (1) (b) of the RGUHS Act provides for framing of statutes providing the procedure for conducting election tot eh authorities. Sec. 59 of the Act invests the Chancellor with the power to resolve a dispute arising out of elections. Sec. 59 reads as under. Disputes as to constitution of university Authorities and bodies: if any question arises whether any person has been duly elected or nominated as, or is entitled to be, a member of any authority of the university or other body of the University, the question shall be referred to the Chancellor whose decision there on shall be final.

( 5 ) IN exercise of powers under sec. 21 of the act, a notification was issued on 11. 61. 2003 reconstitution the Senate of the University by appointing several persons under Sec. 21 the six heads of colleges as stated in the notification, are as under: principal vijayanagar Institute of Medical Sciences cantonment, Bellary 583 104 principal V. S. Dental College v. V. Puram, K. R. Road, Bangalore 4 principal ayurveda Vidyalaya Samithis Ayurveda Mahavidyalaya bijapur 586 101 prinicpal a. M. Saikh Homeopathic medical College nehrunagar, Belgaum 590 010 principal hke Societys Mahadevappa Rampure College of Pharmacy gulburga 585 105 principal institute of Health Sciences (Para Medical Physiotherapy)Vidyanagar, Panjimogaru mangalore 575 013

( 6 ) PURSUANT to the reconstitution of the Senate a calendar of events for electing three persons from among the six heads of institution was issued by a notice of election dated 11. 6. 2003. as per the calendar of events, the last date and hour set for filing of nomination was 23. 6. 2003 (Monday) 4. 00 P. M. The manner of conducting election as per the notification voting by personal ballot in accordance with the system of single, proportional representation by means of single transferable vote. The Registrar of the University was appointed

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