Ashok Bhushan, Ag. C.J. Heard the learned counsel for appellant.
2. This writ petition has been filed challenging the judgment dated 12th December, 2014 passed by the learned Single Judge in W.P (C) No. 32102/2014. The learned Single Judge, by the above judgment, dismissed the writ petition.
3. The petitioner, a graduate student in the Kerala Agricultural University, has challenged the inclusion of certain students in the election notified as per Ext. P1. Ext. P1 notifies the election to the Academic Council under the Kerala Agricultural University Act, 1971. According to Section 17(1), two members from among the Post-Graduate students and one member from among the Research Students of the University were to be elected in the manner as prescribed to the Academic Council. Petitioner’s prayer in the writ petition was that Ext. P2, which was the electoral roll of Post-Graduate Students, be set aside and further declaration be made that students of 1st respondent relegated by Kerala Agricultural University M.Sc. Degree (Integrated) Regulations, 2013, are not Post-Graduate Students for the purpose of election to the Academic Council. The learned Single Judge, by the impugned judgment, dismissed the writ petition on two grounds. The petitioner being a degree student had no locus to challenge the voter's list and further although objections have been raised with regard to specific rolls being nos. 464 to 540 and 568 to 679, none of the persons whose entitlement to be included in the voter's list, were impleaded.
4. Learned counsel for the appellant, challenging the said judgment, contended that the observation of the learned Single Judge that the petitioner had no locus to file the writ petition cannot be accepted. He submits that the persons who shall be elected in the Academic Council as per Section 17 shall be persons who shall be formulating the policy for running the University, which may affect the petitioner’s right. He relied on a Division Bench judgment of the Allahabad High Court in AIR 1998 Allahabad 173 (Vinaya Chandra Pandey and another v. Chancellor, University of Allahabad, Lucknow & Others), where the Division Bench had held that with regard to the constitution of the committee for selecting Vice Chancellor, a teacher of the University has locus to challenge. He referred to paragraphs 22 and 25. In so far as non-impleadment of persons whose inclusion in the voter’s list was challenged, he submits that even though the Vice Chancellor is not required to hear them while modifying voter's list for selection to the Academic Council, and therefore there is no requirement to implead such persons.
5. The power of the Vice Chancellor regarding the correction or modification of the voter’s list is statutory power, which is regulated according to relevant statute governing the conduct of election. In the writ petition, when the right of a particular category of students, namely, M.Sc (Integrated) for inclusion in the voter’s list is challenged, we fail to see how they shall not be necessary parties to the writ petition. The learned Single Judge has declined to entertain the writ petition on the aforesaid two grounds. Even if we accept the argument that the petitioner has locus to challenge, there is no answer to the second objection regarding non-impleadment of persons included in the rolls.
6. The learned counsel for the petitioner submits that the election is to take place tomorrow. Be that as it may, we do not find any error in the decision of the learned Single Judge dismissing the writ petition. It is well established that in the process of election, Courts, in exercise of jurisdiction under Article 226 of the Constitution of India, do not interfere, leaving the aggrieved parties to challenge the election after conclusion of the election. The petitioner, after the election is over, shall be at liberty to seek remedy in the forum prescribed for challenging the election or can challenge the same by filing a civil suit.
With the above observations, the writ appeal is dismissed.
Sd/-
Ashok Bhushan, Ag. Chief Justice Tds/ Sd/-
A.M. Shaffique, Judge.