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2013 Supreme(Online)(KER) 1284

HIGH COURT OF KERALA
A.M.SHAFFIQUE, J
B MOHAMMED MUSTHAFA – Appellant
Versus
ABDUL RABB – Respondent


J U D G M E N T

Petitioners were members of Senate and the Syndicate of University of Calicut who were either elected or nominated. Respondents 4 and 5 are also elected members of the Senate and the Syndicate. The writ petition is filed challenging the action of the Chancellor of the University in invoking the power under Section 7(4) of the Calicut University Act (hereinafter referred as the Act) directing dissolution of the Senate and the Syndicate of the University and nominating an interim body to function as the Senate and the Syndicate. Ext. P5 is the said order and Ext. P6 is the relevant notification regarding the same. Petitioners also seek for a declaration that the exercise of power by the Chancellor under Section 7(4) of the Act is in total violation of the principles of natural justice and therefore it is void ab initio.

2. The facts as disclosed in the writ petition would show that the Senate was constituted as per Ext. P1 notification dated 30.08.2007, consisting of 109 members. The members of the Syndicate are elected from the Senate. Ext. P2 is the constitution of the Syndicate as notified on 31.10.2007. The process of election to the Senate of the University was not

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