W.M.P.No.24470 of 2022 in W.P.No.25469 of 2022 R.SUBRAMANIAN, J. Stayed madras university syndicate casr
W.M.P.No.24470 of 2022 in W.P.No.25469 of 2022 R.SUBRAMANIAN, J.
The petitioner seeks an order of interim injunction restraining the
respondents from conducting the election for the Syndicate of the Madras University without including her as a contestant.
- The petitioner who is the Principal of an affiliated College is
also a Member of the Academic Council. In fact, the University itself has
recognised the petitioner as a Member of the Academic Council on 23rd March 2018. The election for the Syndicate were notified by the University on 25.08.2022. The schedule to the election is as follows:-
|1||Date of Notification||Saturday, the 27th August 2022|
|2||Last date and hour for receipt of nominations||Wednesday, the 07th September
2022 up to 4.00 p.m.
|3||Date of scrutiny of nominations||Wednesday, the 07th September
2022 at 4.15 p.m.
|4||Last date and hour by which the candidates may withdraw their candidature by notice in writing||Tuesday, the 13th September 2022 up to 4.00 p.m.|
|5||Date for the despatch of final list||Tuesday, the 13th September 2022|
|of valid nominations to the
electors, if there is election
|6||*Day and hour when polling will take place||Saturday, the 24th September 2022 [between 10.00 a.m. and 4.00 p.m.]|
|7||Day and hour for counting of votes will take place||Saturday, the 24th September 2022 at 4.15 p.m.|
- The petitioner being the Member of the Academic Council is
entitled to contest as per Section 18(2) of the Madras University Act. Though the nomination of the petitioner was found to be valid, the University required her to produce certain documents viz., the Salary Slips,
Form – 16 copies and the Details of payment of CPA by its letter dated 9th September 2022. The petitioner by her letter dated 13th September 2022 sought time to produce the documents as her Chartered Accountant was out of town.
- The University however published the list of valid nominations
on 13.09.2022 excluding the petitioner’s name. The requirement for a person to contest the election to the Syndicate as per Section 18(2) of the Madras University Act is that he / she should be the Member of the Academic Council. There is no other requirement. Therefore, the rejection of the nomination of the petitioner or exclusion of the petitioner from the list of candidate is prima facie un-just.
- I am aware of the fact that in the election matters stay should
not be granted unless there is exceptional circumstances. I find that the rejection or exclusion of the petitioner on the basis of perceived notion is a circumstance that would entail this Court to stop the election. Hence, there will be an order of injunction restraining the University from going ahead with the election without the petitioner being allowed to contest for the post of Member of the Syndicate until further orders.
- Notice to the respondents returnable in four weeks.
R.SUBRAMANIAN, J. dsa
W.M.P.No.24470 of 2022 in W.P.No.25469 of 2022