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1986 Supreme(MP) 214

High Court Of Madhya Pradesh
C. P. Sen, J. B. C. Varma, J. and Gulab C. Gupta, J.
RADHESHYAM RAM LALIT TRIPATHI
Versus
AWADHESH PRATAP SINGH
Decided On : Sep 08,1986

Advocates Appeared:
R.N.Singh, S.L.SAXENA, V.K.TANKHA,

JUDGMENT :

( 1. ) AWADESH Pratap Singh Vishwavidyalaya, Rewa is a duly established University governed by Madhya Pradesh Vishwavidyalaya Adhiniyam (Act no. 22 of 1973 ). One of the authorities of the University is "the Court" (Section 19 of adhiniyam ). The Court is constituted in accordance with the various provisions contained in Section 20 of the Adhiniyam. Person to be elected to the Court fall under various categories. One of such categories is that of lecturers falling under group b of section 20. All the lecturers borne on the teaching staff of the colleges affiliated to the university form the electorate and are required to elect specified number of lecturers to represent them in the Court. Statute No. 25 framed under the Adhiniyam contains the procedure for election of the teachers representatives on the Court. Clause 3 of this statute requires the Registrar of the University to first prepare a separate provisional electoral roll for election under each item of group b of sub-section (1) of section 20. this includes the electoral roll for electing lecturers. This provisional electoral roll has to be published in accordance with sub-clause (ii) of clause 3 of Statute 25. Clause 4 then provides that any teacher whose name is not included in the provisional electoral roll may make in Form-1 a claim for inclusion of his name in the electoral roll. Such claims are required to be delivered to the Registrar in person or by registered post in a sealed envelope with "claims and Objections" superscribed thereon. After such claims for inclusion of names in the electoral roll are made, they are required to be scrutinised and inquired into by a Committee consisting of two Deans of Faculties nominated by the kulpati and the Registrar at the University Office on the date fixed for the purpose and the teacher filing the claim or the objection shall be entitled to be present at such scrutiny. One of the Deans appointed by the Kulpati shall record its decision in writing. Sub-clause (iii) of clause 5 of the Statute No. 25 then provides for an appeal to the kulpati by the person preferring a claim to the Kulpati whose decision in the matter shall be final. Such an appeal is to be lodged in writing with the Registrar within two days of the date of the decision appealed against. (Clause 5 of the Statute ). According to clause 6 after all the claims and objections have been decided, the provisional electoral roll may be revised, if necessary and the final electoral roll shall be prepared and published by the Registrar.

( 2. ) BY notification dated 23-1-1984, the Registrar of Awadesh Pratap Singh vishwavidyalaya, Rewa published the programme for holding election of members of the Court from categories falling in group b of sub-section (1) of Section 20 of the adhiniyam. True copies of the provisional electoral roll were also annexed with the said notification and were thus published as required by sub-clause (ii) of clause 3 of Statute 25. The petitioner who claims to be a lecturer working in the department of Sociology at sudarshan Mahavidyalaya, Lalgaon, district Rewa affiliated to the Awadesh Pratap singh Vishwavidyalaya, Rewa found his name missing from the electoral roll. He, therefore, made a claim in the prescribed form for inclusion of his name in the electoral roll. When his claim came for consideration before the Committee appointed under clause 5 (i) of Statute 25, it found itself unable to take any decision either way on the claim so made and, therefore, by order Annexure c left the matter to be decided by competent authority. It may be mentioned that the Committee in that order Annexure c did not specify or indicate as to which this competent authority is. It appears that thereafter the matter was taken up by some authority who concluded from certain correspondence between the University and the Authorities of the College and also from certain other documents available in the University, that some 12 teachers including the petit



















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