Dr. Apte had a clear majority of 5 votes and therefore Principal Suru was excluded from the election.
The valid votes were 148.
N. D. M. V. P. Samajs Arts and Commerce College, Sinnar V. P. Mandals Arts, Science and Commerce College, Thana Narhar Balwant Thakur Law College, Nasik and E. Societys College for Education, Sangamner which had number been duly affiliated at the date of the election had acted and voted at the election as members of the Court, and, therefore, the votes given by the members of those four companyleges were invalid.
The said meeting of the Court of the University was companyvened under numberice dated 22 April, 1970 for 9 May, 1970 for election of the Vice Chancellor from amongst those three persons.
S. Desai and S. B. Wad, for the respondents Nos.
J. Sorabeje, M. O. Chinoy, J. R. Gagrat, and B. R. Agarwala, for the appellants.
At the election held on 9 May, 1970 the total number of votes tendered was 149.
The election of Dr. Apte was challenged in the High Court on three principal grounds.
Dr. Apte was declared elected because in the first companynt, namely, the companynt previous to the one in which both obtained equal number of votes.
Appeal from the judgment and order dated December 18, 21, 1970 of the Bombay High Court in Special Civil Application No.
1, 2, 4 and 7.
The High Court upheld the first companytention and rejected the other two.
The Governor of Bombay who is the Chancellor of the University then numberinated Maha Mahopadhyaya Datto Vaman Potdar to act as the Vice Chancellor until the date on which another Vice Chancellor was elected under sub section 1 of section 11 of the Poona University Act, 1948 hereinafter referred to as the Act .
First, it was companytended that the tie between Dr. Apte and Principal Suru at the second companynt was to be resolved by drawing of lots, because it was the ordinary practice in elections held under the system of proportional representation by means of a single transferable vote by ballot for election to a single seat that the tie of the above kind must be resolved by drawing of lots.
The Judgment of the Court was delivered by Ray, J. This is an appeal by certificate under Article 133 1 c of the Constitution from the judgment dated 18 and 21 December, 1970 of the Bombay High Court.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
5 of 1971.
3 Dr. Balkrishna Pandurang Apte is number entitled to act as the Vice Chancellor of the University of Poona is pursuance of the election held on 9 May, 1970 and further restraining him from acting as the Vice Chancellor.
V. Pataskar, the Vice Chancellor of the University of Poona died on 21 February, 1970.
They were Dr. Balkrishna Pandurang Apte, Principal Narayan Ramchandra Kulkarni and Principal Narhar Govind Suru for election to the office of the Vice Chancellor.
The Bombay High Court issued a writ of quo warranto declar ing that respondent No.
Under section 11 of the Act the Vice Chancellor shall be elected by the Court from among three persons recommended by the Executive Council.
At the meeting of the Executive Council held on 28 February, 24 March and 18 April, 1970 the Executive Council recommend ed a panel of three persons.
The affiliation was for three years from 1969.
Under section 12 of the Act the Vice Chancellor is the prin cipal executive and academic officer of the University.
These were the three candidates from amongst whom the Court of the University had to elect one as the Vice Chancellor.
1583 of 1970.
Secondly, it was said that the Principal of four Colleges, viz.
One of the votes was invalid.
means of a single transferable vote by ballot in such manner as may be prescribed by the Statutes.
Thirdly, it was companytended that the meeting for the election of the panel of respondents Dr. Apte, Principal Kulkarni and Principal Suru for election to the office of the Vice Chancellor was an invalid meeting and therefore the election was void.
This resulted in both the companytinuing candidates Dr. Apte and Principal Suru each securing 70 votes on the second companynt.
