Kerala High Court
Aghosh.V.Suresh vs Catholicate College on 30 September, 2019
Author: T.V.Anilkumar
Bench: A.M.Shaffique, T.V.Anilkumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
MONDAY, THE 30TH DAY OF SEPTEMBER 2019 / 8TH ASWINA, 1941
WP(C).No.23088 OF 2019(I)
WRIT PETITIONER:
AGHOSH.V.SURESH,
AGED 22 YEARS,
S/O SURESH V.C, 1ST YEAR M.A.HISTORY STUDENT,
CATHOLICATE COLLEGE, PATHANAMTHITTA, RESIDING AT
VALIYATHARAYIL, KAIPUZHA NORTH P.O.KULANADA,
PATHANAMTHITTA DISTRICT-689 503.
BY ADVS.SRI.ARUN.B.VARGHESE
SRI.R.SANJAY SANKAR
RESPONDENTS:
1 CATHOLICATE COLLEGE,
PATHANAMTHITTA, REPRESENTED BY ITS PRINCIPAL,
MAKKAMKUNNU, PATHANAMTHITTA-689 645.
2 THE RETURNING OFFICER,
CATHOLICATE COLLEGE, PATHANAMTHITTA,MAKKAMKUNNU,
PATHANAMTHITTA-689 645.
3 THE SUB INSPECTOR OF POLICE,
PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA
DISTRICT-689 645.
4 AMALJITH PRASANNEN,
S/O PRASANNEN, 3RD YEAR B.SC PHYSICS STUDENT,
CATHOLICATE COLLEGE, PATHANAMTHITTA, RESIDING AT
KOLASERRIL HOUSE, MALAYALAPUZHA THAZHAM
P.O.PATHANAMTHITTA-689 666
5 ALEN JOSHI,
3RDF YEAR B.A.ECONOMICS STUDENT, CATHOLICATE COLLEGE,
PATHANAMTHITTA ,RESIDING AT E-JOHN PHILIPOSE MEMORIAL
MENS HOSTEL.
6 ADDL.R6.MAHATMA GANDHI UNIVERSITY,
REPRESENTED BY ITS REGISTRAR, PRIYADARSHINI HILLS,
W.P.(C) No.23088/2019
-:2:-
UNIVERSITY CAMPUS ROAD, ATHIRAMPUZHA, KOTTAYAM -
686 560
7 ADDL.R7.THE VICE CHANCELLOR,
MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS,
UNIVERSITY CAMPUS ROAD, ATHIRAMPUZHA, KOTTAYAM -
686 560
IS IMPLEADED AS PER ORDER DATED 25/9/19 IN
I.A.1/2019 IN W(C).
R1-2 BY ADVS. SRI.BABY ISSAC ILLICKAL
SRI.ISAAC KURUVILLA ILLIKAL
R4-5 BY ADVS. SRI.MANU RAMACHANDRAN
SRI.M.KIRANLAL
SRI.T.S.SARATH
SRI.R.RAJESH (VARKALA)
R6-7 BY ADV. SRI.ASOKAN CHERIAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
30.09.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.23088/2019
-:3:-
A.M. SHAFFIQUE
&
T.V.ANILKUMAR,JJ.
= = = = = = = = = = = = = = = = = =
W.P.(C) No.23088 of 2019
- - - - -- - - - - - - - - - - - - - - - - -
Dated this the 30th day of September, 2019
J U D G M E N T
A.M. SHAFFIQUE, J.
The writ petition has been filed when the elections to the 1st respondent college had been disrupted. In fact, the election in the college is being done in the parliamentary mode and the class leaders were already elected. Thereafter, the office bearers of the college Union and also the University Union have to be elected for which nominations were called for. On the same day, there had been a commotion on account of which the election process could not be completed. The writ petitioner had approached this Court, inter alia seeking for a direction to complete the election process. He is also one among the candidates, who had given his nomination for the post of Chairman.
2. The learned counsel appearing for the 4th respondent submits that, though he also intended to W.P.(C) No.23088/2019 -:4:- give a nomination for the post of Arts Club Secretary, some persons from outside interfered in the matter, trespassing into the college and tore off his nomination paper. He had given a complaint to the University and the matter is being enquired.
3. The learned counsel appearing for the College would submit that the University had issued direction to conduct the election to the post of College Union and representative of the University Union on 27.09.2019. However, the college was unable to conduct such election, in view of the fact that the matter was pending before this Court. That apart, the college authorities had obtained necessary police protection to ensure smooth conduct of the election.
4. Having regard to the above factual situation, we are of the view that, no further direction as such need be issued, as the college is ready and willing to conduct the election to the College Union and the representative of the University Union. It is submitted by the learned counsel appearing for the College that they will continue the election process on 11.10.2019. It is made clear that the nomination of the 4 th respondent shall also be taken into account before proceeding with the election process. W.P.(C) No.23088/2019 -:5:-
With the above observation, this writ petition is disposed.
Sd/-
A.M.SHAFFIQUE JUDGE Sd/-
T.V.ANILKUMAR JUDGE DST W.P.(C) No.23088/2019 -:6:- APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ELECTION NOTIFICATION NO 3270/1/2019/ELEN DATED 23.7.2019 ISSUED BY THE 4TH RESPONDENT UNIVERSITY EXHIBIT P2 TRUE COPY OF THE LIST OF ELECTED CLASS REPRESENTATIVE ISSUED BY THE 2ND RESPONDENT EXHIBIT P3 TRUE COPY OF THE REQUEST DATED 22.8.2019 SUBMITTED BY THE WRIT PETITIONER BEFORE THE PRINCIPAL OF THE 1ST RESPONDENT COLLEGE.
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 21.8.2019 SUBMITTED BY THE WRIT PETITIONER BEFORE THE 3RD RESPONDENT ALONG WITH THE RECEIPT ISSUED SHOWING THE RECEIPT OF THE SAME EXHIBIT P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE WRIT PETITIONER BEFORE THE VICE CHANCELLOR OF THE MAHATMA GANDHI UNIVERSITY EXHIBIT P6 TRUE COPY OF THE RELEVANT PORTION OF THE NEWS ITEM PUBLISHED IN MALAYALA MANORAMA DAILY DATED 22/8/2019 RESPONDENT'S/S EXHIBITS:
EXHIBIT R4 A THE TRUE COPY OF THE COMPLAINT DATED 21/8/2019 PREFERRED BY THE 4TH RESPONDENT BEFORE THE 2ND RESPONDENT RETURNING OFFICER EXHIBIT R4 B THE TRUE COPY OF THE RECEIPT ISSUED BY THE OFFICE DY.SP, PATHANAMTHITTA TO COMPLAINT PERFERRED BY DR.P.N.HARIKUMAR, HOD, COMMERCE DEPARTMENT, COTHOLICATE COLLEGE EXHIBIT R4 C THE TRUE COPY OF THE FIR IN CRIME NO.2044/2019 OF PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA DISTRICT EXHIBIT R4 D THE TRUE COPY OF THE O.P.TICKET DATED 21/8/2019 ISSUED TO THE 4TH RESPONDENT FROM GENERAL HOSPITAL, PATHANAMTHITTA W.P.(C) No.23088/2019 -:7:- EXHIBIT R4 E THE TRUE COPY OF THE EMAIL COMPLAINT DATED 22/8/2019 PREFERRED BY THE 4TH RESPONDENT TO THE VICE-CHANCELLOR OF M.G.UNIVERSITY EXHIBIT R1(A) PHOTOCOPY OF THE COMMUNICATION TO THE REGISTRAR, M.G. UNIVERSITY DT. 21.08.2019 BY THE 2ND RESPONDENT.
EXHIBIT R1(B) PHOTOCOPY OF THE NOTIFICATION DT.
17.09.2019 OF THE M.G. UNIVERSITY EXHIBIT R1(C) PHOTOCOPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C) NO.21188/2011 DT.
05.08.2011.