IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 1ST MARCH 2011 / 10TH PHALGUNA 1932 WA.No. 293 of 2011 -------------------- AGAINST THE ORDER IN WPC.4595/2011 Dated 22/02/2011 .................... APPELLANTS/PETITIONERS: ------------------------------ 1. JYOTHY KUMAR, MEMBER, SENATE, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM. 2. MANSY.A., MEMBER, SENATE, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENTS/RESPONDENTS: ---------------------------------- 1. THE UNIVESITY OF KERALA, REPRESENTED BY THE REGISTRAR, THIRUVANANTHAPURAM - 695 001. 2. THE RETURNING OFFICER, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM - 695 001. 3. THE VICE CHANCELLOR, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM - 695 001. BY SRI.M. RAJAGOPALAN NAIR, SC, KERALA UNIVERSITY. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & Antony Dominic, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 293 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of March, 2011 JUDGMENT J.Chelameswar, C.J. This appeal is preferred by the partially successful writ petitioners in W.P.(C) No.4595 of 2011 aggrieved by an interim order dated 22.02.2011 which reads as follows: “Standing Counsel takes notice for respondents. The election pursuant to Ext.P1 shall be subject to the result of the Writ Petition. All the contesting candidates shall be put on alert as to the proceedings pending before this Court.” 2. The dispute in the writ petition is regarding the legality of the election which is to be held on 05.03.2011 to the Syndicate of the 1st respondent University. 3. According to the appellants, the election process is vitiated by various irregularities and illegalities. For example; there is non-compliance of the stipulation made under Clause 34 of the First Statutes of the University which stipulates as follows: “When any vacancy occurs or is about to occur by efflux of time among the members of any University Authority or WA No. 293 of 2011 -:2:- Body it has to be filled up by election, or if an election, has to be conducted for the constitution of any Body, Authority or any Committee thereof according to the provisions of the laws of the University, the Returning Officer shall, under the directions of the Vice Chancellor, notify the fact in the Kerala Gazette and also simultaneously cause the notification to be published in newspapers approved by the Vice Chancellor for the purpose. The notification shall contain the programme of election from the date of notification of election giving the following particulars.” 4. Admittedly no notification in the official Gazette of Kerala has so far been published. Whether such a requirement is mandatory or only directory is a matter to be examined. The above example is only an illustration of the various allegations regarding the irregularities projected by the appellants. 5. The learned counsel for the appellant Sri.George Poonthottam submitted that if the election process is not stayed and the election takes place, third party interest would set in and consume a long time for the settlement of the issues and therefore there is need to stay the election. We see some substance on the submission made by the learned counsel for the appellants. Heard learned counsel for the respondent University, Sri.M.Rajagopalan Nair. WA No. 293 of 2011 -:3:- In the circumstances, we are of the opinion that the order under appeal is required to be modified thereby permitting the disputed election to go on but, we direct the respondents not to publish the result of the election and the result shall be kept in sealed covers until further orders. In the circumstances, we also direct the Registry to post W.P.(C) No.4595 of 2011 for hearing before appropriate Bench on 10.03.2011. The Writ Appeal is accordingly disposed of. J.Chelameswar, Chief Justice. Antony Dominic, Judge. ttb WA No. 293 of 2011 -:4:-