Allahabad High Court
Mohd. Suleman & Another vs Union Of India & Others on 28 January, 2010
Bench: Ashok Bhushan, Bala Krishna Narayana
Court No. - 2 Case :- WRIT - C No. - 3799 of 2010 Petitioner :- Mohd. Suleman & Another Respondent :- Union Of India & Others Petitioner Counsel :- S.M. Fazal,S.G. Hasnain Respondent Counsel :- A.S.G.I.,Smt. Sunita Agrawal Hon'ble Ashok Bhushan,J.
Hon'ble Bala Krishna Narayana,J.
Heard, Shri S.G. Hasnain learned Senior Advocate assisted by Shri S.M. Fazal for the petitioners, Shri Shashi Nandan Learned Senior Counsel assisted by Mrs. Sunita Agarwal for respondent nos.2 ,3 and 4 and Shri Shri R.M. Pandey for respondent no.1.
Petitioner no.1 is a Member of the Court of the Aligarh Muslim University and petitioner no.2 claims to be a prospective candidate for membership of the Court. The petitioners' case in the writ petition is that the Membership of the Court is 187. An annual general meeting of the Court has been convened on 31/1/2010 and on 31/1/2010 the total membership of the Court is only 105. One of the agenda of the Annual General Meeting is Item no. 3 which is to elect 42 representatives from the different categories as Members of the University Court. It is submitted that tenure of certain members came to an end on 21/1/2010, and in the meeting scheduled to take place on 31/1/2010, 42 members are to be elected and there are other business to be discussed in the annual general meeting including the election of 5 members of the University Court as members of the Executive Council, to elect Chancellor, Pro-Chancellor and Honorary Treasurer.
Following reliefs have been claimed in the writ petition:
"(a) to issue a writ, order or direction in the nature of CERTIORARI quashing the impugned notification of meeting for election of different representatives in consonance with the Statutes of the University, dated 01/04.01.2010 and 26.12.2009 (Annexure nos.1 & 2 respectively).
b) to issue a writ, order or direction in the nature of MANDAMUS commanding and directing the respondents to hold the meeting of elections in accordance with the Act and Statutes for composition of the electoral college of the University.
c) to issue a writ, order or direction in the nature of MANDAMUS commanding and directing the respondents to stay the meeting for election of Chancellor, Pro-Chancellor, Honorary Treasurer and Members of the Executive Council by the University in terms of the Statutes going to be held on 31.01.2010 until and unless 42 representatives as provided under the categories to serve as members on the University Court in term of Stature 14(1) (xxii),(xxv),(xxvi), (xxvii),(xxviii), (xxix) of the Statutes of the University, are permitted to participate in the election."
Learned counsel for the petitioners contends that according to Sections 17 and 18 of the Aligarh Muslim Act, 1920, Chancellor, Pro-Chancellor and Honorary Treasurer are to be elected by the Court. Submission of the learned counsel for the petitioners is that substantial number of members of the University Court are scheduled to be elected on 31/1/2010, to complete the composition of the Court, there is no reason to deprive them from their right to participate in the proceedings of the Court including the election of relevant officers.He submits that the Annual General Meeting which was to be convened in October,2009 as per the Statute had not been convened.
Shri Shashi Nandan assisted by Smt. Sunita Agarwal, learned counsel appearing for the respondents no.2,3 and 4 submitted that 42 Members which shall be elected in the meeting on 31/1/2010 have no right to participate in the further proceedings. It is submitted that permitting them to participate in the proceedings will be nothing but piecemeal proceedings. He submits that the proceedings have to be conducted only by the existing members of the Court who are existing members on 31/1/2010 and 42 members who are going to be elected not being the existing members have no right to participate in the proceedings.
We have considered the submissions of the learned counsel for the parties and have perused the record.
The agenda of the meeting scheduled to be held on 31/1/2010, itself indicates that Item No.3 the election of 42 members from different categories to serve as members of the University Court. The tenure of certain members came to an end on 21/1/2010. The annual general meeting which was to be held in October has not been held. When the agenda has already been issued for electing 42 members to constitute the Court by filing of those representatives, it does not appeal as to why those 42 members be denied from participation in other important items which is scheduled to take place on the same date. Rules for the election of the members of the Court has been brought on record at page 36 which indicates that the election is to be held in the meeting which is to be notified by the Chief Election Officer and announced to all the members present in the meeting.
Statute 14 framed under the Aligarh Muslim University Act, 1920 provides for Constitution of the Court. Apart from Ex-Officio Members as mentioned in Statute 14 (1) (i) to 14 (1) (xii) other members of the Court are either representatives of different bodies or nominated members. The 42 members who are to be elected on 31/1/2010 to complete the composition of the Court are representatives as provided for in Statute 14 (1) (xxii), (xxv), (xxvi), (xxvii), (xxviii) and (xxix). According to Statute 15, the annual general meeting shall be held in the month of October every year. The annual general meeting of the Court could not be held in October, 2009 and now is scheduled to take place on 31/1/2010. In the meeting dated 31/1/2010 when substantial members of the Court i.e. 42 are going to be elected they are also entitled to participate in other important business which is contemplated to be performed by the members of the Court. Ends of justice be served in permitting those 42 members who are going to be elected in the same meeting on 31/1/2010 to participate in further business of the Court provided thay are present in the meeting.
In view of the above, we observe that the scheduled annual general meeting of the Court going to be held on 31/1/2010, may take place, the 42 members of the representatives of the Court as referred to in agenda Item No. 3 may be elected and also be permitted to participate in the further proceedings subject to they being present.
Smt. Sunita Agarwal prays for and is allowed two weeks time for filing counter affidavit. One week thereafter for filing rejoinder affidavit.
List thereafter for admission on 22/2/2010.
It goes without saying that the result of the proceedings shall be subject to the result of the writ petition.
Order Date :- 28.1.2010 SB