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IN THE HIGH COURT OF KERALA AT ERNAKULAM
AMIT RAWAL, C.S. SUDHA, JJ.
Akhila Fathima, D/o. Ashraf & Ors. - Appellants
Versus
Ashwin E., S/o. Suresh Babu K. & Ors. - Respondents
Writ Appeal Nos. 102 and 112 of 2024
Decided On : 14-02-2024
interpretation - Clause 15 of Ext.P1 Kannur University, Byelaws of the Affiliated College/University Campus Students' Union - Clause 15 - The Union Council and the Executive Committee shall take decisions by simple majority. In case of the tie, the Chairman will have a casting vote in addition to his normal vote. The quorum for the meeting shall be one-third of the total members.
Fact of the Case:
The case involved the interpretation of Clause 15 of Ext.P1 Kannur University, Byelaws of the Affiliated College/University Campus Students' Union, specifically regarding the term 'decisions' and its applicability to matters relating to elections.
Finding of the Court:
The court found that the term 'decisions' in Clause 15 does not include matters relating to elections. It held that the exercise of casting vote in an election as per Clause 15 was improper and illegal. The court also noted the absence of a provision in Ext.P1 for resolving ties in elections and emphasized the need to adopt a procedure known to law to ensure fairness in the election.
Issues: The main issue was the interpretation of Clause 15 of Ext.P1 and its applicability to election matters. Additionally, the court addressed the absence of a provision for resolving ties in elections under Ext.P1.
Ratio Decidendi: The court's decision was based on the interpretation of the term 'decisions' in Clause 15, the absence of a provision for resolving ties in elections under Ext.P1, and the need to ensure fairness in the election process.
Final Decision: The writ appeals were dismissed, affirming the lower court's judgment. The court emphasized the need to adopt a procedure known to law to ensure fairness in the election process.
JUDGMENT :
C.S. Sudha, J.
The issue involved in these appeals is the interpretation of Clause 15 of Ext.P1 Kannur University, Byelaws of the Affiliated College/University Campus Students' Union. It would be apposite to refer to Clauses 6, 7 and 15 of Ext.P1 which reads thus -
(a) The Union shall have a Union Council comprising the following office-bearers.
(i) The President of the Union (The Principal of the College/Director/ Co-Ordinator of the Campus-Ex-officio)
(ii) The Chairman
(iii) The Vice-Chairman
(iv) The Secretary
(v) The Joint Secretary
(vi) The Councillor/Councillors to the University Union
(vii) The Secretary, Fine Arts
(viii) The Chief Student Editor of the College Magazine
(ix) The General Captain of Sports and Games
(x) The Staff-Advisor nominated by the President in consultation with Executive Committee
(xi) The Secretaries of the Various Associations.
(xii) One representative each of I D.C. II D.C and III D.C. In professional colleges one representative for every class (Year-wise) i.e. one for First Year Class, one for Second Year Class etc.
(xiii) One representative for all P.G. Students.
(b) The offices of the Vice-Chairman and Joint Secretary in mixed colleges shall be reserved for lady students.
(a) There shall be an executive committee for the Union with the following office bearers:
(c) The number of University Union Councillors shall be one in colleges having student strength up to 800 and two in colleges where the student strength is more than 800.
(d) The Officers ii to ix given in sub-section (a) above shall be filled by election by all students of the College and the offices xi to xiii by-election by the students of the particular association or class as the case may be.
7. The Union Executive Committee
(i) The President of the Union
(ii) The Chairman
(iii) The Vice-Chairman
(iv) The Secretary
(v) The Joint Secretary
(vi) The University Union Councillor/Councillors.
(vii) The Student Editor
(viii) The Secretary Fine Arts
(ix) The General Captain for Sports & Games.
(x) Three members elected by the Union Council from among themselves except in Training Colleges.
(xi) The Staff advisor.
(b) The Secretary of the Union shall act as the Secretary of the Union Executive Committee.”
xxx xxx xxx
“15. The Union Council and the Executive Committee shall take decisions by simple majority. In case of the tie, the Chairman will have a casting vote in addition to his normal vote. The quorum for the meeting shall be one-third of the total members.”
(Emphasis supplied)
2. The parties and the documents will be referred to as described in the writ petition. The word used in Clause 15 is 'decisions'. According to the learned counsel for the appellants, who are respondents 3 to 8 in the writ, the term 'decisions' means and includes matters relating to ‘election’ too and so the Chairman does have a casting vote, when a tie occurs in an election.
3. As per Black's Law Dictionary 8th Edition, the terms 'decision' and 'election' means -
“Election – 1. The exercise of a choice; especially, the act of choosing from several possible rights or remedies in a way that precludes the use of other rights or remedies.
2. The doctrine by which a person is compelled to choose between accepting a benefit under a legal instrument and retaining some property right to which the person is already entitled; an obligation imposed on a party to choose between alternative rights or claims, so that the party is entitled to enjoy one.
3. The process of selecting a person to occupy an office (usually a public office), membership, award, or other title or status.”
Therefore, the argument that the term 'decision' means and includes matters relating to ‘election’ also does not seem to be correct.
4. Admittedly, in the case on hand, election to the college Union Council was hel
APJ University - Election - University is open to making changes in its “First Statutes” and that it has plenary powers to do so under its parent Act.
Elections to the Committee of Management must comply with the Scheme of Administration to be valid; procedures and member admissions must adhere to prescribed protocols to ensure lawful election outc....
The importance of addressing grievances through the Grievance Redressal Cell and the appointment of an observer to ensure oversight of the election process.
An illegal preparation of an electoral roll goes to the very root of the matter and no election can be held. A voter could therefore challenge the election and merely because he took part in the elec....
The validity of a co-operative society's election resolution is upheld despite procedural lapses, provided errors stem from external administrative mistakes.
Whenever the process of election starts, normally courts should not interfere with the process of election for the simple reason that if the process of election is interfered with by the courts, poss....
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