- (1.) BY means of present petition, the petitioner is challenging the order of the Vice-Chancellor dated 19. 11. 2007 by which election of the society held on 3. 9. 2007 has not been approved and a fresh election is directed to be held within one month.
(2.) SRI Ashok Khare, learned Senior Advocate, appearing for the petitioner submitted that Sri Nitin Ramesh Gokaran was holding the charge of the Vice-Chancellor. The date of hearing was fixed on 7. 11. 2007. According to him, the hearing was not concluded and an understanding was given that further hearing will take place but no further hearing has been provided. He submitted that the order claimed to have been passed on 19. 11. 2007 but the same was dispatched by the office of the Registrar on 7. 12. 2007. Sri Nitin Ramesh Gokaran was holding charge as a Vice-Chancellor only up to 21. 11. 2007 and on 22. 11. 2007, a regular Vice-Chancellor Sri R. C. Saraswati has assumed the charge. On this fact he submitted that the order passed was not legal order and unless the order is dispatched, the said order cannot be said to be a valid order and the day the order was dispatched Sri Nitin Ramesh Gokaran was not the Vice-Chancellor, therefore, the said order is liable to be set aside.
(3.) IN support of the contention he relied upon the. Supreme Court decisions in the case of Bachittar Singh v. State of Punjab, AIR 1963 (SC) 395. in the case of State of Punjab v. Amar Singh Harika, AIR 1966 (SC) 1313. State of Punjab and others v. Balbir Singh etc. etc. , AIR 1977 (SC) 629. and in the case of Union of India v. Dinanath Shantaram Karekar, 1998 (7) SCC 569.;