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2012 Supreme(Guj) 405

D.H.WAGHELA, G.B.SHAH
NARHARI H AMIN MEMBER OF THE COURT AND EXECUTIVE COUNCIL – Appellant
Versus
GUJARAT UNIVERSITY – Respondent


Advocates appeared:
MR. ASHISH H. SHAH , MR.. Y.N. OZA, Sr. Advocate with MS. SRUSHTI A THULA for Petitioners; MR. VH DESAI for Applicant.
MR. S.N. SHELAT Sr. Advocate with MRS. V.D. NANAVATI and MS. DHARA M. SHAH for Respondents

JUDGMENT

D.H.WAGHELA, J.

1. Amendment, as per the Draft Amendment dated 06.08.2012 in Writ Petition (PIL) No.169 of 2012 is allowed. Both the petitions and civil application are, by consent and at the request of learned counsel appearing for the parties, heard for final disposal and disposed by this common judgment. SCA No.10780 of 2012 is filed by two members of the Court (popularly known as 'Senate') and members of the Executive Council of respondent No.1, the Gujarat University. They are aggrieved by inaction of the respondents in not notifying and conducting election of the Executive Council despite the election programme and date of election having been fixed by the then Vice Chancellor of the University and such programme having been unanimously approved by the Executive Council of the University of which the term is expiring on 30.08.2012. According to the petition, extensive powers and duties of the Executive Council are prescribed under section 20 of the Gujarat University Act, 1949 (for short, “the Act”). The Executive Council has to be constituted in accordance with section 19 of the Act and it consists of 13 representatives elected by the Court, two members elected by th





















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