1957 Supreme(MP) 14

High Court Of Madhya Pradesh
Newaskar, J.
RAJENDARKUMAR CHANDANMAL - Appellant
Versus
GOVERNMENT OF STATE - Respondents
Civil Misc. Appln. 96 Of 1956
Decided On : 01/16/1957

The provisions of the Act relating to the existence of the office of the Chancellor and the powers he is entitled to exercise under Section 45 of the Act will have their immediate operation from the date of passing of the Act. The appointment of the Vice-Chancellor and the Registrar or Assistant Registrar who performs the functions of the registrar cannot take effect until the Act comes into force. The actions of the Assistant Registrar and Vice-Chancellor pertaining to the registration of graduates and holding of election to the senate are invalid as the Act has not come into force except Sections 8 and 45 of the Act. These proceedings are held to be void.

Headnote:

MADHYA BHARAT VIKRAM UNIVERSITY ACT - [SECTION 1(2), 8, 44, 45] - CONSTITUTION OF INDIA - [ARTICLE 226] - WRITS - [QUO-WARRANTO, PROHIBITION, CERTIORARI] - MADHYA BHARAT GENERAL CLAUSES ACT - [SECTION 21] - GENERAL CLAUSES ACT - [SECTION 22] - Held, the provisions of the Act relating to the existence of the office of the Chancellor and the powers he is entitled to exercise under Section 45 of the Act will have their immediate operation from the date of passing of the Act. The appointment of the Vice-Chancellor and the Registrar or Assistant Registrar who performs the functions of the registrar cannot take effect until the Act comes into force. The actions of the Assistant Registrar and Vice-Chancellor pertaining to the registration of graduates and holding of election to the senate are invalid as the Act has not come into force except Sections 8 and 45 of the Act. These proceedings are held to be void.

Fact of the Case:

The petitioner, claiming to be a bona fide resident of the State of Madhya Pradesh and a candidate for membership of the Senate of the Madhya Bharat Vikram University, filed a petition under Article 226 of the Constitution of India for the issue of writs of quo-warranto and prohibition against the State of Madhya Pradesh, the Government of Madhya Pradesh, the chancellor, the Vice-Chancellor, the Registrar, Assistant Registrar and Dr. Boolchand, Special Officer of the Madhya Bharat Vikram University. The petitioner alleged that the Madhya Bharat Vikram University Act, No. 18 of 1955, which was published in the Madhya Bharat Government Gazette dated 25-6-1955, had not come into force as no notification had been issued in the Gazette appointing any date for its coming into force. The petitioner also alleged that the office of Registrar of the University was vacant and that respondents Nos. 3, 4, 6 and 7 had no authority of law to exercise any authority or right or perform any duty or do any function in relation to the said University. The petitioner further alleged that respondent No. 7 Dr. Boolchand had assumed the office of the Special Officer and had invited, by notification in the Gazette, the graduates to get themselves registered as registered graduates of the said University and that in pursuance of the said invitation about 176 graduates got themselves registered as registered graduates of the said University by 1-10-1956. The petitioner also alleged that respondent No. 6 claiming to be the Assistant Registrar of the said University invited the said graduates who had thus been registered to file their nomination-papers for standing as a candidate at this year's election of six members of the senate by 3-12-1956 and that for this purpose respondent No. 6 had issued blank voting papers initialled by him to vote for any candidate standing at the proposed election which would be completed by 27-12-1956.

Finding of the Court:

The court held that the provisions of the Act relating to the existence of the office of the Chancellor and the powers he is entitled to exercise under Section 45 of the Act will have their immediate operation from the date of passing of the Act. The appointment of the Vice-Chancellor and the Registrar or Assistant Registrar who performs the functions of the registrar cannot take effect until the Act comes into force. The actions of the Assistant Registrar and Vice-Chancellor pertaining to the registration of graduates and holding of election to the senate are invalid as the Act has not come into force except Sections 8 and 45 of the Act. These proceedings are held to be void.

Issues: 1. Whether the petitioner has locus standi to submit the petition? 2. Whether the petitioner is entitled to any relief? What is the effect of the circumstances that the Petitioner has got himself registered as a registered graduate in response to the invitation of respondent No. 7? 3. Whether the assumption of their respective offices by respondents Nos. 3, 4, 6 and 7 legally valid? 4. Is the action of respondent No. 7 in inviting the graduates to get themselves registered and that of respondent No. 6 in inviting the members of the Senate and in issuing blank nomination-forms legally valid?

Ratio Decidendi: 1. A member of the public can move the court to examine the validity of the claim of respondents nos. 3, 4, 6 and 7 to the same. 2. The conduct of the petitioner in getting himself registered on the invitation issued by respondent No. 7 and having himself stood as a candidate at the election to the senate by securing nomination-form in his name, cannot be said to be illegal as calling for the names of graduates for registration can be assumed to be a step of a preparatory nature so long as the actual registration is deferred until the Act comes into force. 3. The provisions of the Act relating to the existence of the office of the Chancellor and the powers he is entitled to exercise under Section 45 of the Act will have their immediate operation from the date of passing of the Act. The appointment of the Vice-Chancellor and the Registrar or Assistant Registrar who performs the functions of the registrar cannot take effect until the Act comes into force. 4. The actions of the Assistant Registrar and Vice-Chancellor pertaining to the registration of graduates and holding of election to the senate are invalid as the Act has not come into force except Sections 8 and 45 of the Act. These proceedings are held to be void.

Final Decision: The court declared that there is no usurpation of their respective offices by the chancellor and respondent No. 7. The appointment by the Chancellor of the Vice-Chancellor and the Registrar or Assistant Registrar who performs the functions of the registrar cannot take effect until the Act comes into force. The actions of the Assistant Registrar and Vice-Chancellor pertaining to the registration of graduates and holding of election to the senate are invalid as the Act has not come into force except Sections 8 and 45 of the Act. These proceedings are held to be void. Under the circumstances of the case there will be no order as to costs.