This Writ Petition throws up a legal conundrum, to be solved by this Court. Whether a member of the General Council of the Kerala Agricultural University, elected by the Senate of the Calicut University, can continue to be the member of the General Council, notwithstanding the expiry of the term of the Senate, which elected him, is the point to be decided in this Writ Petition. The brief facts of the case, are the following:

2. The Senate of the Calicut University was reconstituted for a period of four years, on 2-11-1999. The petitioner was a member of the Senate. In that capacity, he was elected by the Senate, to the General Council of the Kerala Agricultural University, for a term of three years, on 18-6-2002. The term of the Calicut University Senate expired on 2-11-2003. While so, somebody brought to the notice of the Registrar of the Kerala Agricultural University that the petitioner has ceased to be a member of the Calicut University Senate and therefore, he has also ceased to be the member of the General Council of the Agricultural University. So, the Registrar addressed Ext.P-1 letter dated 5-4-2004, to the Registrar of the Calicut University, seeking the following information:

"(1) Whether Adv. K.V. Mani, Kalhivelil House, Mannarkad P.O., Palakkad, is now a member of the Senate of the University of Calicut.

(2) If he is not a member of the Senate of the University of Calicut now, the date on which his membership in the Senate of the University of Calicut was ceased."

The Registrar of the Calicut University furnished Ext.P-2 reply, which reads as follows:

"Referring to the above, I am to inform you that Sri. K.V. Mani, is not a member of the Senate now, since the Senate reconstituted for a period of 4 years with effect from 2-11-1999 has been expired in November 2003."

Soon thereafter, the Registrar of the Calicut University addressed Ext.P-3 letter to the Agricultural University, stating that the petitioner still continues to be a member of the Senate. The said communication reads as follows:

"In modification to this office letter cited above, I am to inform you that clause 3 of Section No.18 of Chapter IV of the Calicut University Act, 1975 states 'Every member of the Senate, other than ex officio members shall, subject to the provisions of this Act and the Statutes, hold office until the next reconstitution of Senate'. Further, vide Section 23 (A) of the University Laws (Amendment) Act, 1994, special power is conferred to the Syndicate in the absence of Senate. The Act states Notwithstanding anything contained in the Act, the Syndicate shall exercise all the powers and perform all the functions of the Senate except the power of review under Sub-section (1) of Section 19 till the reconstitution of Senate'.

In the above circumstances, I am to inform you that the Senate membership of Sri. K.V Mani (Syndicate Member) has not been ceased."

The Agricultural University, by Ext.P-4 communication dated 18-6-2004, asked the Calicut University to clarify whether the Senate of the University of Calicut is now in existence or not. The Registrar of the Calicut University replied as per Ext.P-5, stating that though the term of the Senate is already over, the petitioner still continues to be a member of the Senate, by virtue of Section 18(3) of the Calicut University Act, 1975. But, ignoring the views expressed by the Calicut University, the Agricultural University issued Ext.P-6 notification dated 22-7-2004, declaring that the petitioner's membership of the General Council of the Agricultural University ceased with effect from 2-2-2004. This Writ Petition is filed, challenging Ext.P-6 and seeking consequential reliefs.

3. The petitioner, relying on Section 18 (3) of the Calicut University Act, submits that though the term of the Senate expired, he will continue to be a member of the Senate, until a new Senate is constituted. By virtue of Section 23A of the Calicut University Act, introduced as per the University Laws Amendment