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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Anil Kshetarpal, J.
Rajiv Kumar - Appellant
Versus
Panjab University, Chandigarh & Ors. - Respondent
Civil Writ Petition No. 13384 of 2020
Decided On : 27-01-2021
Corrigendum - Electoral Roll Dispute - Panjab University Act, 1947, Sections 13, 14, 15, 31(2)(a) - The judgment discusses the dispute regarding the petitioner's entitlement to vote in the category of Principals of the Affiliated Arts Colleges for electing ordinary fellows of the Senate of the Panjab University. The court analyzed the relevant sections of the Panjab University Act, 1947 and the Regulations framed under these sections. It concluded that the petitioner was not eligible to be amongst the Electors in the constituency of the Principals of the Affiliated Arts Colleges of the University.
Fact of the Case:
The petitioner challenged the correctness of a Corrigendum deleting his name from the electoral roll prepared for electing ordinary fellows of the Senate of the Panjab University under the Panjab University Act, 1947. The dispute was whether the petitioner is entitled to vote in the category of the Principals of the Affiliated Arts Colleges for electing ordinary fellows of the Senate of the Panjab University.
Finding of the Court:
The court found that the petitioner was not eligible to be amongst the Electors in the constituency of the Principals of the Affiliated Arts Colleges of the University.
Issues: The issues revolved around the petitioner's entitlement to vote in the category of Principals of the Affiliated Arts Colleges for electing ordinary fellows of the Senate of the Panjab University.
Ratio Decidendi: The court's decision was based on the fact that the petitioner was not the Principal at the stipulated date for considering the claim for inclusion in the register of the Electors and was not holding the post of Principal even on the last date for receipt of claims.
Final Decision: The writ was dismissed as the court found no ground to issue the writ as prayed for.
JUDGMENT
Anil Kshetarpal, J. - Through this petition, the petitioner calls in question the correctness of Corrigendum dated 05.08.2020 deleting his name from the electoral roll prepared for electing ordinary fellows of the Senate of the Panjab University under category of the Principals of the Affiliated Arts College under Regulation 2(vii) of the Regulations framed under Sections 13, 14, 15 and 31(2)(a) of the Panjab University Act, 1947 (hereinafter to be referred as "the 1947 Act"). The petitioner has also challenged the correctness of the order dismissing his representation/appeal by the Committee.
2. Dispute in this writ petition is whether the petitioner is entitled to vote in the category of the Principals of the Affiliated Arts Colleges for electing ordinary fellows of the Senate of the Panjab University or not?
3. The Registrar of the respondent-University issued a communication dated 11.03.2020 notifying that election of ordinary fellows is required to be held and for that purpose, a register of the Electors has to be prepared. The information was sought with regard to the additions/deletions in the list already prepared by the stipulated date i.e. 03.04.2020. In other words, revision of electoral roll was proposed. In the aforesaid communication, it was notified that the preliminary register of electors would be made available on 22.06.2020 and the last date for receipt of claims for inclusion as electors would be 07.07.2020. The schedule as notified in the aforesaid communication is extracted as under:-
| 1 | Preliminary Register of Electors to be made available | 90 days before the date of election | 22.06.2020 (Monday) |
| 2 | Last date for receipt of claims | 75 days before the date of election. | 07.07.2020 (Tuesday) |
| 3 | Last date for receipt of objections | 60 days before the date of election | 22.07.2020 (Wednesday) |
| 4 | Last date for receipt of intimation of change of address. | 60 days before the date of election | 22.07.2020 (Wednesday) |
| 5 | Final Register of electors to be made available | 50 days before the date of election | 03.08.2020 (Monday) (01.08.2020 & 02.08.2020 being Saturday & Sunday) |
| 6 | Notice inviting nomination to be issued. | 49 days before the date of election | 03.08.2020 (Monday) (02.08.2020 being Sunday) |
| 7 | Last date for receipt of nomination forms. | Not later than 3 o' clock of the 40th day before the date of election. | 11.08.2020 (Tuesday) |
| 8 | Date of publication of the list of candidates seeking election. | 38 days before the date of election | 13.08.2020 (Thursday) |
| 9 | Date of scrutiny of nomination papers and publication of the list of candidates whose papers have been found valid. | 35 days before the date of election | 17.08.2020 (Monday) (16.08.2020 being Sunday) |
| 10 | Last date for receipt of objections to the nomination papers. | 30 days before the date of election | 21.08.2020 (Friday) |
| 11 | Last date for withdrawal of candidature. | Not later than 3 o' clock of the 25th day before the date of election. | 26.08.2020 (Wednesday) |
| 12 | Date of election | ............. | 20.09.2020 (Sunday) |
|
| Counting of votes |
| 22.09.2020 (Tuesday) |
4. At this stage, it would be appropriate to note that Section 11 of the 1947 Act, provide for a Senate consisting of the Chancellor, ViceChancellor, Ex-Officio Members and ordinary fellows. As per Section 12, the maximum number of Ex-Officio fellows can be 12, whereas as per Section 13, ordinary fellows can be 85 maximum. At this stage, it would be apt to extract Section 13 of the 1947 Act:-
"13. Ordinary Fellows.- (1) The number of Or
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