Karnataka High Court
K.M. Maheshwara Swami vs The Governor And Chancellor And Others on 6 November, 1998
Equivalent citations: ILR1999KAR765, 1999(2)KARLJ368, AIR 1999 KARNATAKA 418, 1999 (1) KANTLD 204, (1999) ILR (KANT) 765, (1999) 2 KANT LJ 368, (2000) 1 ESC 38
Author: Tirath S. Thakur
Bench: Tirath S. Thakur
ORDER
1. The petitioner was elected to the Senate of the Gulbarga University from what is known as "Other Graduates Constituency" on 18th of August, 1995. That Office he was to hold for a period of three years reckoned from the date the Senate was reconstituted. The Senate having been reconstituted on 17th October, 1995, the petitioner could hold office as its member only upto 17th October, 1998. During this period the petitioner had been elected as a member of the Syndicate of the University on 23rd of November, [1985]. This term was also, in the ordinary course, to be for a period of 3 years from the date the Syndicate was reconstituted. The petitioner's grievance now is that since the Syndicate was reconstituted on 12th of January, 1996, his term as a member of the Syndicate would be counted from the said date entitling him to continue in office as member of the Syndicate till 12th January, 1999. The respondents, it is alleged have excluded him from the meetings of the Syndicate as though he had ceased to be a member thereof. This, argues Mr. Gurumath, learned Counsel appearing for the petitioner, was impermissible. He placed reliance upon the provisions of Section 33(2) of the Karnataka State Universities Act, which reads as under:
"Section 33(2).--Save as otherwise provided in this Act the Senate, the Syndicate and the Academic Council shall be reconstituted at or about the same time and the members of the said Authorities shall, except in the case of ex officio members, hold office as member thereof upto the date of next reconstitution;
Provided that the term of a member appointed to fill a casual vacancy shall be the residuary term of his predecessor".
2. Mr. Brahmarayappa, Counsel appearing for the respondent-University on caveat, on the other hand places reliance upon Section 46(2) of the Act, which may also be extracted for facility of reference.-
"Section 46(2).--No member of any authority or body of the University who is elected, appointed or nominated in his capacity as a member of a particular electorate or body or as a teacher shall continue to be a member of such authority or body on his ceasing to be a member of the particular electorate or body or a teacher or the holder of that particular appointment".
3. It was argued by Mr. Brahmarayappa that the petitioner having been elected as a member of the Syndicate from the Senate would cease to be a member of the Senate. There is in my opinion considerable merit in that submission. It is clear on a plain reading of the provision extracted above that a member of any authority or body of the University, elected or nominated in his capacity as a member of any electorate or body cannot continue to be a member of such an authority or body if he ceases to be a member of the electorate or body from which he was elected. It is not disputed that the petitioner's election to the Syndicate was relatable only to his being a member of the Senate. It is also not disputed by Mr. Gurumath that the petitioner has ceased to be a member of the Senate. There is therefore no escape from the conclusion that in terms of Section 46(2), the petitioner would cease to be a member of the Syndicate no sooner he ceased to be a member of the Senate. Reliance upon the provisions of Section 33 by Mr. Gurumath does not appear to be well placed. Section 33(2) starts with the all important words "save or otherwise provided". In other words, Section 33 would be subservient to Section 46(2), which makes a provision contrary to that made in Section 33(2). Such being the position, the petitioner's case that he could continue as a member of the Syndicate till January 1999 does not appear to me to be well founded. This writ petition accordingly fails and is dismissed in limine.