Arun S/O Punjabrao Ghanvate And Ors. vs Hon'Ble Chancellor Amravati ... on 24 December, 1996
In that behalf, the learned Counsel relied on M/s. Jalan trading Co. v. Mill Mazdoor Sabha , wherein it was held that under the power of removal of difficulties, the executive cannot legislate. Mr. Gordey also strongly urged that as already the Vice-Chancellor had issued directions under Section 14(8) of the said Act, defining the voter for the election of Boards of Studies, on 5.9.1994, there was no need whatsoever for the State Government to issue clarifications on 20.12.1994, under Section 116 of the said Act. In any event, such clarifications cannot run contrary to the directions of the Vice-Chancellor under Section 14(8) of the said Act, which have the force of Statutes framed under the said Act. Mr. Gordey also contended that the Chancellor's ruling dated 1.10.1996, applies to only such Boards of Studies where actually elections were held and not in cases of Boards of Studies, where the number of valid nominations were equal to or less than the number required, accordingly in 34 Boards of Studies, where no actual elections were held and those who were validly nominated were declared elected without a contest. In this behalf, he also relied on a letter issued by the Secretary to the Chancellor dated 16.10.1996.