Hold Elections, Re-Constitute Senate Before June 30: Kerala High Court To Calicut University VC

The Kerala High Court on Thursday directed that the Senate of the Calicut University be reconstituted after conducting the elections before June 30, 2023. 

Justice Sathish Ninan passed the order in a plea filed by Dr. Shiby M. Thomas, a member of the Senate of the Calicut University that is set to complete its term of four years on March 6, 2023, alleging that the Vice Chancellor had failed to take steps for the conduct of election and re-constitution of the Senate, on time. 

"In terms of Statute 13, after the publication of the electoral roll there has to be not less than 30 days before the election is notified under Statute 34. Having due consideration of the procedural formalities involved, it is ordered that, the elections shall be conducted, and the Senate re-constituted before 30th of June, 2023," the court declared.

The petitioner alleged that it was the responsibility of the Vice Chancellor to conduct of election. The petitioner thus sought a direction to be issued to the Vice Chancellor of the University to take immediate steps for conducting election to various authorities of the University, as mandated under Statute 4 and 5 of the Calicut University (conduct of Elections to Various Authorities or Bodies) First Statutes, 1975, pending disposal of the present petition.

It was further sought that a direction be issued to the Chancellor of the University to "take steps as provided under Section 7(4)(b) of the Calicut University Act, 1975 with academicians of high order and acclamation in infusing confidence in the functioning of a University, pending disposal of the Writ Petition".

It was however, argued by the Standing Counsel of the University P.C. Sasidharan, that the University had already issued a notification dated February 27, 2023, notifying the dates for publication of electoral rolls for re-constitution of the Senate. 

The Counter Affidavit filed by the University and the Vice Chancellor of the University pointed out that the latter had initiated steps as early as on November 19, 2022, for holding elections, by issuing necessary instructions to the Registrar, who in turn had directed the Deputy Registrar (Election) to take steps for conduct of elections.

It was also averred that the Vice Chancellor had accorded sanction to appoint the Registrar as the Returning Officer, and Assistant Registrar (II), Administration Branch as Assistant Returning Officer, on February 1, 2023. 

The court in this case noted that as per the University Statutes, the process of election has two stages, namely, the publication of electoral roll in terms of Statute 13, followed by the notification of election in terms of Statute 34.

"In terms of Statute 13, the electoral roll is to be published not less than 30 days prior to the date of notification of election. It further provides that, the date of publication of electoral roll shall be notified in not less than 30 days prior to the date of publication of the electoral roll. The notification dated 27.02.2023 made available by the learned Standing Counsel for the University is one in terms of Statute 13. There under it is notified that, the electoral rolls will be published on the respective dates mentioned therein. It is after the process of finalisation of electoral roll that elections are to be notified in terms of Statute 34. The entire process as above, require time," the court noted.

In this case, the Court observed that although the Vice Chancellor had issued instructions as early as on November 19, 2022, to initiate steps for conduct of elections to re-constitute the Senate, the notification in terms of Statute 13 with respect to publication of electoral roll had been issued only on February 27, 2023. 

"When Section 18(1) of the Calicut University Act provides for re-constitution of the Senate every four years and the re-constitution is due, urgent steps ought to have been taken pursuant to the instructions of the Vice Chancellor. The counter affidavit does not indicate the reason for the delay that occurred after the order of the Vice Chancellor dated 19.11.2022, Now that a notification with regard to publication of electoral roll in terms of Statute 13 has been issued, the further steps as contemplated under the Statute, for conduct of election needs to be expedited," it was observed. 

With respect to the second relief sought for by the petitioner, to take steps in terms of Section 7(4) (b) of the Calicut University Act that provides that, if the Chancellor deems it necessary in public interest or for the proper functioning of the University, he may suspend, dismiss or dissolve any authority of the University, and constitute such authority by nomination for interim administration, till such authority is reconstituted in accordance with the Act, the Court noted that such power is only within the domain of the Chancellor. It added that a petition seeking such a relief was premature. 

"Arguments are addressed on both sides as to the manner in which the administration of the University is to be conducted when the term of four years of the Senate is to expire. It is an anticipated cause of action and does not call for adjudication at this stage. Hence the said relief sought, does not arise for consideration," the Court held, while disposing the writ petition. 

The petitioner was represented by Senior Advocate George Poonthottam, and Advocates Nisha George and A.L. Navaneeth Krishnan. Standing Counsel for the Chancellor of Universitites S. Prasanth and Standing Counsel for the Calicut University P.C. Sasidharan appeared on behalf of the respondents. 

Case Title: Dr. Shiby M. Thomas v. The Hon'ble Chancellor, University of Calicut & Ors. 

Citation: 2023 LiveLaw (Ker) 113

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