Dr. Sarun S.G vs Kerala University
2021 Latest Caselaw 16705 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
                        WP(C) NO. 16239 OF 2021
PETITIONER:

          DR. SARUN S.G.
          AGED 39 YEARS
          S/O. SADASIVAN NAIR, ASSISTANT PROFESSOR OF COMMERCE
          GOVERNMENT COLLEGE, ATTINGAL, RESIDING AT DWARAKA,
          KUDAVOOR P.O., THIRUVANANTHAPURAM-695 313.

          BY ADVS.
          ARUN.B.VARGHESE
          AISWARYA V.S.



RESPONDENTS:

    1     KERALA UNIVERSITY
          REPRESENTED BY ITS REGISTRAR, SENATE HOUSE CAMPUS,
          PALAYAM, THIRUVANANTHAPURAM-695 034.

    2     THE VICE CHANCELLOR
          KERALA UNIVERSITY, SENATE HOUSE CAMPUS, PALAYAM,
          THIRUVANANTHAPURAM-695 034.

    3     THE RETURNING OFFICER
          ELECTION TO THE ACADEMIC COUNCIL 2020-21 KERALA
          UNIVERSITY, SENATE HOUSE CAMPUS, PALAYAM,
          THIRUVANANTHAPURAM-695 034.

    4     DR.ANZER R.N.
          ASSISTANT PROFESSOR, GOVERNMENT COLLEGE, NEDUMANGAD,
          THIRUVANANTHAPURAM-695 541.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16239 OF 2021                       2


                                      JUDGMENT

This writ petition is filed seeking the following reliefs:

"1. To issue a Writ of Mandamus or any other Writ or Order directing the respondents 1 to 3 to declare that the writ petitioner is elected to the Academic Council of the 1st respondent University in the Constituency of Teachers in the Subject of Commerce.

2. To declare that the election of the 4 th respondent is not valid and is liable to be set aside.

3. To issue a writ of mandamus or any other writ or order directing the 3rd respondent to recount the ballot papers after taking into consideration the 4 votes which are declared as invalid.

4. To issue a writ of mandamus or any other writ or order directing the 2nd respondent to consider and pass orders on Exhibit P4 Election Petition forthwith after hearing the writ petitioner."

2. Heard the learned counsel for the petitioner and the learned

Standing Counsel appearing for the respondent University.

3. It is submitted that the petitioner while working as Assistant

Professor in Commerce in the Government College, Attingal had contested

the elections to the Academic Council of the University from the

Constituency of Teachers in the Subject of Commerce. It is submitted that

after the election, results were declared on 06.07.2021 and the 4 th

respondent was declared elected from the Constituency. It is stated that the

difference between the votes polled in respect of the petitioner and the 4 th

respondent was only 3 votes. It is contended that the 3 rd respondent had

declared 4 votes polled in favour of the petitioner as invalid. It is submitted

that the reasons stated for declaring the said votes as invalid is completely

without merits and were minor discrepancies on the strength of which no

such invalidation would have been effected. It is submitted that pointing

out these aspects, the petitioner has approached the 2 nd respondent with

Ext.P4 and seeks a consideration of the same without delay with notice to

the petitioner as well as the 4th respondent.

After hearing the learned Standing Counsel as well, there will be a

direction to the 2nd respondent to take up, consider and pass orders on

Ext.P4 dispute raised by the petitioner and to pass orders thereon, with

notice to the petitioner as well as the 4 th respondent and after hearing them

through any appropriate means, including video conferencing, within a

period of one month from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP

APPENDIX OF WP(C) 16239/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE NOTIFICATION BEARING NO.ELECTION/AC/1/2020-21 DATED 26.12.2020 ISSUED BY THE THIRD RESPONDENT.

Exhibit P2 TRUE COPY OF THE RELEVANT PORTION OF NOTIFICATION OF FINAL LIST OF CANDIDATES ISSUED BY THE 3RD RESPONDENT.

Exhibit P3 TRUE COPY OF THE KERALA UNIVERSITY (CONDUCT OF ELECTION TO VARIOUS AUTHORITIES OF BODIES) FIRST STATUTES, 1974.

Exhibit P4 TRUE COPY OF THE ELECTION PETITION DATED 8.7.2021 SUBMITTED BY THE WRIT PETITIONER BEFORE THE 2ND RESPONDENT.