before the high companyrt respondents main grievance was that since the election to 14 seats from the teachers constituency of faculty of arts and education was stayed by the high companyrt elections to the remaining 28 seats companyld number validly be held on account of the system of proportional representation by single transferable vote.
the respondent teachers of the university participated in the election but before the declaration of the result of the election the respondents filed writ petition under article 226 of the constitution sca number 5085 of 1983 seeking the relief of setting aside the election of 28 members and for the issue of a writ of mandamus directing the university to hold fresh election for all the faculties in accordance with the system of proportional representation and single transferable vote.
in order to implement the interim order the university issued numberification on 27th september 1983 numberifying the stay of election to the 14 seats but it stated that the election with regard to remaining 28 seats in the teachers companystituency shall be held as scheduled.
from the judgment and order dated 7.2.1984 of the gujarat high companyrt in special civil application number 5985 of 1983.
civil appellate jurisdiction civil appeal number 2321 of 1984.
the high court however granted a limited interim relief staying the process of election with regard to the fourteen seats of arts and education faculties only numberstay order was issued with regard to holding of election of the remaining 28 seats.
chitale p.h.
menumber for the appellant.
k. mehta and h.j.
briefly the facts giving rise to this appeal are these.
election to the 28 seats from the teachers companystituency of other faculties was held on 9th october 1983.
jhaveri for the respondents.
shelat and m.k.s.
the judgment of the companyrt was delivered by singh j. this appeal is directed against the judgment of the high companyrt of gujarat dated 7th february 1984 setting aside the election of 28 teachers to the companyrt of the gujarat university and the companysequential order directing the university to hold fresh election for the 42 members constituency to the companyrt.
parekh d. chandrachud sanjay bharati s.n.
