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Showing contexts for: function of functionary in T.V. Balan And Ors. vs University Of Calicut And Ors. on 12 April, 1996Matching Fragments
16. Now the provision of Section 23A which enables the Syndicate to exercise the powers of the Senate till the reconstitution of the Senate has to be reconciled. No doubt, Section 23 A starts with a non-obstante clause enabling the Syndicate to do all the functions until the Senate is reconstituted. At the same time we have to note that while amending Section 23A, the provisions of Sections 18(1) and 18(3) have not been amended. They are kept intact. Therefore, the legislature's intention of keeping the Senate as a continuing body and allowing the members to continue until it is reconstituted has to be given effect to. In that case Section 23A can be activated or put into operation only under the circumstances where the Senate had been dissolved or it has become impossible for the Senate to exercise Us powers by virtue of fall of its membership to less than the statutory one-fifth quorum required under Section 20 or due to en masse resignation or breakdown or deadlock situation whereby it is impossible for the peaceful and proper functioning of the Senate. So long as the Senate continues by virtue of Section 18(3), invoking of the power of the Senate would not arise. When Section 18(3) says that every member of the Senate shall hold office until the next reconstitution, Section 23A says that the Syndicate can perform the functions of the Senate till the reconstitution of the Senate. So there is an apparent conflict and overlapping of the powers of the Syndicate and the Senate. Therefore, the only interpretation that can be attributed to Section 23A is that the power which comes under Section 23A is an enabling power to tide-over an extraordinary situation and not for normal continuance of the Senate. If any other interpretation is permitted then it would mean that it would make the provisions of Sections 18(1) anil 18(3) otiose and meaningless. If two interpretations are possible then an interpretation which would allow the functioning of a supreme body of the University which consists of 118 members composing of different important functionaries cannot be deprived of its function and performance.