Kerala High Court
Aloshious Xavier vs M.G.University on 30 July, 2014
Author: A.V. Ramakrishna Pillai
Bench: A.V.Ramakrishna Pillai
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI
WEDNESDAY, THE 4TH DAY OF MARCH 2015/13TH PHALGUNA, 1936
WP(C).No. 19119 of 2014 (L)
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PETITIONER(S):
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1. ALOSHIOUS XAVIER,
KANNATTU HOUSE, VALARA P.O., 12TH MILE,
IDUKKI DISTRICT, PIN-685 561.
2. JOJO JOHN,
CHENNUKUNNEL HOUSE, ARAKUZHA P.O., MUVATTUPUZHA,
ERNAKULAM DISTRICT-686 672.
BY ADVS.SRI.SURIN GEORGE IPE
SRI.M.V.BIPIN.
RESPONDENT(S):
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1. M.G.UNIVERSITY,
REPRESENTED BY ITS REGISTRAR,
PRIYADARSHINI HILLS, KOTTAYAM-686 560.
2. M.G.UNIVERSITY,
REPRESENTED BY ITS VICE CHANCELLOR,
PRIYADARSHINI HILLS, KOTTAYAM-686 560.
3. RETURNING OFFICER (ELECTIONS 2012-13),
M.G.UNIVERSITY, PRIYADARSHINI HILLS, P.O.
KOTTAYAM-686 560.
* ADDL. R4 & R5 IMPLEADED
R4. SHAHRUKH KHAN.O.S.
UNIVERSITY UNION COUNCILOR
SIENNA COLLEGE OF PROFESSIONAL STUDIES, KONNAM ROAD,
PERUMPADAPPU, PALLURUTHY.P.O.,
EDACOCHIN (CANDIDATE FOR THE ELECTION TO THE STUDENTS
COUNCIL FROM THE CONSTITUENCY OF GENERAL COUNCIL OF THE
UNIVERSITY UNION OF THE MAHATMA GANDHI UNIVERSITY)
AGED 22 YEARS, S/O.SHAHNAWAZ KHAN.J.O.,
RESIDING AT 48/2223, PLAY GROUND ROAD, ELAMAKKARA.P.O.
KOCHI -682026.
WP(C).No. 19119 of 2014 (L)
R5. BINSHAD.K.JABBAR,
S/O.JABBAR, UNIVERSITY UNION COUNCILOR,
R.U.COLLEGE OF MANAGEMENT AND TECHNOLOGY,
KUNNATHUNAD, ERNAKULAM (DIST), AGED 20 YEARS,
NOW RESIDING AT PALAKKAMUTTOM HOUSE,
CHANGAMPUZHA NAGAR.P.O., KALAMASSERY.
ADDL. R4 AND R5 ARE IMPLEADED AS PER ORDER DATED 30/07/2014
IN IA 10184/2014.
R4-5 BY ADV. SRI.GEORGE JOSEPH
R1-R3 BY ADV. SRI.VARUGHESE M.EASO, SC, M.G.UNIVERSITY.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD `
ON 04-03-2015, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
rvs.
WP(C).No. 19119 of 2014 (L)
APPENDIX
PETITIONER(S)' EXHIBITS :
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EXT.P1. TRUE COPY OF THE NOTIFICATION DATED 3//5/2014 BY THE
3RD RESPONDENT.
EXT.P2. TRUE COPY OF THE COMMUNICATION FROM THE OFFICE OF THE
1ST RESPONDENT TO THE 3RD RESPONDENT.
EXT.P3. TRUE COPY OF THE NOTIFICATION ISSUED BY THE 3RD
RESPONDENT DATED 10/6/2014 POSTPONING THE ELECTION AND
DELETION OF THE FAKE CANDIDATES.
EXT.P4. TRUE COPY OF THE REPRESENTATION DATED 4/7/2014 MADE BY
THE 1ST PETITIONER TO THE 1ST RESPONDENT.
EXT.P4(A). TRUE COPY OF THE REPRESENTATION DATED 4/7/2014 MADE BY
THE 2ND PETITIONER TO THE 1ST RESPONDENT.
RESPONDENT(S)' EXHIBITS :
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EXT.R1(A). TRUE COPY OF JUDGMENT DATED 08/07/2014 IN WP(C)
17290/2014(1) OF THIS HONOURABLE COURT.
EXT.R1(B). TRUE COPY OF ORDER NO.3089/1/2014/ELEN. DATED
30/07/2014.
EXT.R5(A). TRUE COPY OF THE NOTIFICATION DATED 30/07/2014
PUBLISHED BY RETURNING OFFICER (FINAL LIST OF
CANDIDATES VALIDLY NOMINATED FOR ELECTION TO THE SENATE
AND STUDENTS COUNCIL FROM THE CONSTITUENCY OF GENERAL
COUNCIL 2012-2013) OF THE MAHATMA GANDHI UNIVERSITY.
EXT.R5(B). TRUE COPY OF THE NOTIFICATION DATED 30/07/2014
PUBLISHED BY RETURNING OFFICER FOR ELECTION TO THE
SENATE AND STUDENTS COUNCIL FROM THE CONSGTITUENCY OF
GENERAL COUNCIL OF THE UNIVERSITY UNION OF THE MAHATMA
GANDHI UNIVERSITY 2012-2013.
EXT.R5(C). TRUE COPY OF THE NOTIFICATION DATED 09/12/2013 ISSUED
BY THE REGISTRAR IN CHARGE OF THE MAHATMA GANDHI
UNIVERSITY.
WP(C).No. 19119 of 2014 (L)
EXT.R5(D). TRUE COPY OF THE NOTIFIFCATION DATED 27/12/2012
PUBLISHED BY RETURNING OFFICER4 FOR ELECTION TO THE
SENATE AND STUDENTS COUNCIL FROM THE CONSTITUENCY OF
GENERAL COUNCIL 2011-12.
EXT.R5(E). TRUE COPY OF THE IDENTITY CARD AS A MEMBER, GENERAL
COUNCIL (UNIVERSITY UNION COUNCILOR) 2012-2013 ISSUED
TO THE 4TH RESPONDENT BY THE MAHATMA GANDHI UNIVERSITY.
EXT.R5(F). TRUE COPY OF THE IDEDNTITY CARD AS A MEMBER, GENERAL
CONCIL (UNIVERSITY UNION COUNCILOR)2012-2013 ISSUED TO
THE 5TH RESPONDENT BY THE MAHATMA GANDHI UNIVERSITY.
EXT.R5(G). TRUE COPY OF THE NOTIFICATION DATED 03/06/2014 ISSUED
BY THE 3RD RESPONDENT.
EXT.R5(H). TRUE COPY OF THE REPRESENTATION OF THE 4TH RESPONDENT
DATED 13/06/2014 SUBMITTED TO THE PRO-VICE CHANCELLOR
IN CHARGE OF VICE CHANCELLOR, MAHATMA GANDHI
UNIVERSITY, PRIYADARSHINI HILLS, KOTTAYAM-686560.
EXT.R5(I). TRUE COPY OF THE JUDGMENT IN WP(C) NO.17290/2014 DATED
08/07/2014 OF THE HON'BLE HIGH COURT OF KERALA.
EXT.R5(J). TRUE COPY OF THE ORDER DATED 30/07/2014 OF THE VICE
CHANCELLOR, MAHATMA GANDHI UNIVERSITY.
EXT.R5(K). TRUE COPY OF THE RELEVANT PAGES OF THE MAHATMA GANDHI
UNIVERSITY ACT, 1985.
/TRUE COPY/
P.A.TO JUDGE
RVS.
A.V. RAMAKRISHNA PILLAI, J.
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W.P.(C) No. 19119 of 2014
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Dated this the 4th day of March, 2015
J U D G M E N T
The matter relates to the election to the Senate and Students Council from the full-time students of the General Council of the Mahatma Gandhi University for the academic year 2013-2014.
2. This Court, by interim order dated 08.08.2014, refused to interfere with the election scheduled to be held on the aforesaid day, i.e., on 08.08.2014.
As it appears from the materials now placed on board that the matter has become infructuous, the writ petition is closed without examining the merits of the grounds raised.
Sd/-
A.V. RAMAKRISHNA PILLAI JUDGE bka/-