Bombay High Court
Uttamchand Tukaram Kamble vs Gondwana University Acting Thr. Its ... on 18 November, 2025
2025:BHC-NAG:12406
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
WRIT PETITION NO. 5240 OF 2022
PETITIONER : Uttamchand Tukaram Kamble,
Aged Major, Occu. Service,
R/o MSEB Colony, Near Sparsh Hospital,
Bramhapuri - 441 206
Dist. Chandrapur.
VERSUS
RESPONDENTS : 1] Gondwana University,
Acting through its Registrar,
M.I.D.C. Road Complex,
Gadchiroli - 442 605
2] Returning Officer,
Senate Elections, Election Department,
Gondwana University,
Acting through its Registrar,
M.I.D.C. Road Complex,
Gadchiroli - 442 605
3] Gondwana University,
Acting through its Vice Chancellor,
M.I.D.C. Road Complex,
Gadchiroli - 442 605
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Mr. Deoul Pathak, Advocate for the petitioner
Mr. Devendra A. Mohgaonkar, Advocate for respondent nos.1 to 3
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CORAM : M. W. CHANDWANI, J.
DATE : NOVEMBER 18, 2025
ORAL JUDGMENT
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1. RULE. Rule made returnable forthwith. Heard finally by
the consent of the learned counsels appearing for the parties.
2. This writ petition challenges the order dated 17.08.2022
passed by respondent no.3 - Vice Chancellor, Gondwana University,
Gadchiroli, thereby confirming the order dated 10.08.2022 passed by
respondent no.2 - Returning Officer rejecting the nomination form of
the petitioner for his selection to the Senate of the Gondwana
University.
3. By way of an interim arrangement, this Court vide order
dated 30.08.2022 stayed the orders dated 10.08.2022 and 17.08.2022
passed by respondent nos 2 and 3 respectively and the result of the
election was subject to the decision of the petition. The petitioner
contested the election and was elected as a Senate Member.
4. I have heard Mr. Deoul Pathak, learned counsel
appearing for the petitioner and Mr. Devendra Mohgaonkar, learned
counsel appearing for the respondents.
5. The election to the Senate of Gondwana University were
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declared on 22.07.2022 and the petitioner had submitted three
nominations for election to the post of Senate Member. One
nomination was rejected on the ground of incomplete form. The
other two nominations of the petitioner came to be rejected by
respondent no.2 on 10.08.2022 on the ground that, in one
nomination the proposer and in other nomination, the seconder of the
petitioner were seconder and proposer for another candidate namely
Vivek Vishnupant Joshi. The order of rejection of the nomination
was challenged before respondent no.3 and respondent no.3 upheld
the rejection vide order dated 17.08.2022.
6. My attention has been invited to Direction No. 15 - O of
2022 issued under Section 12(8) of the Maharashtra Public
Universities Act, 2016 which prescribes the procedure to be adopted
for nomination for the elections. The relevant Direction Nos.5 and 6
are reproduced here -
"5. Nomination papers shall be dated and signed by
two electors entitled to vote and shall contain dates
names in full, addresses and designations, if any, after
voter numbers of signatories and of the candidate
nominated. No person shall be nominated as a
candidate for election unless he signifies his consent
under his signature and date on the nomination paper.
No person shall either propose or second his own
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nomination.
Provided that, in case there are less than three
voters, the candidate himself may propose and second
his own nomination.
6. The same elector may sign as proposer and/or
seconder as many nomination/s as there are vacancies
to be filled."
7. What can be deduced from Direction no. 6 is that a
proposer or a seconder may nominate as many persons to the extent
of number of vacancies. There is no dispute that there were three
vacancies of Senate Member. It is also not in dispute that three
nomination forms were submitted by the petitioner for the same post
after taking abundant precautions to avoid rejection of the
nomination form on a technical ground/reason. In wake of Direction
no.6, a proposer or a seconder can nominate three members, since
there were three vacancies to be filled up to the Senate. Only because
the seconder/proposer to the nomination of the petitioner had also
signed the nomination form of another candidate as
proposer/seconder, respondent no.2 should not have rejected the
nomination of the petitioner. Similarly, respondent no. 3 has also
failed to consider Direction no.6 in its proper perspective. Therefore,
the orders impugned passed by respondent nos.2 and 3 are required
to be set aside.
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8. Accordingly, the writ petition is allowed.
i) The order dated 10.08.2022 passed by respondent no.2
and the order dated 17.08.2022 passed by respondent no.3 are
hereby quashed and set aside.
ii) Rule is made absolute. The petition stands disposed of.
(M.W.Chandwani, J.)
Diwale
Signed by: DIWALE
Designation: PS To Honourable Judge
Date: 19/11/2025 18:44:05
