Manash Nath Roy, Acting C.J. - (1.) This appeal is directed against the judgment and order dated 3rd February, 1988, passed by a learned Single Judge of this Court, in a proceeding arising out of an application under Article 226 of the Constitution of India in the case of Satipati Chatterjee & Anr. v. The University of Calcutta & Ors. since reported in 1988 (1) Cal LJ 238. By the said judgment and order, the concerned application was allowed and the election of Shri Kamal Kumar Ghosh, Respondent No. 4/Applicant, to the Syndicate of the University of Calcutta, (hereinafter referred to as the said University), from the constituency of Readers and Lecturers (hereinafter referred to as said Constituency), who are the members of the Faculty Council for the Post Graduate Studies (hereinafter referred to as the said Faculty), has been set aside.
(2.) The challenge to the concerned election, which was held on 4th December, 1957, was by two petitioners and the first of them Shri Satipati Chatterjee was a Reader and the second one Shri Swapan Kumar Pramanik was the Head of the Department of Sociology of the said University. It should also be noted that the Petitioner No. 1 was the Head of the Department of Physiology and the second one was the Head of the Department of Sociology of the said University and they were members of the said Council from their respective streams viz., Science and Arts and both of them were in the electoral rolls of the electors for election of two members of the Syndicate of the said University from the respective Constituencies of Readers and Lecturers in terms of section 21 (I) (b)(ix)(a)(ii) of the Calcutta University Act, 1979 (hereinafter referred to as the said Act), the relevant provisions whereof are as under:- Section 21(1). The Syndicate shall consist of the following : Ex-officio Members: (i) the Vice-Chancellor ; (ii) the Pro-Vice-Chancellor for Academic Affairs ; (iii) the Pro-Vice-Chancellor for Business Affairs and Finance ; (iv) the Director of Public Instruction, West Bengal ; (v) the Deans of the Faculty Councils for Post Graduate Studies in Arts, Science, Law, Medicine and Dental Science and Engineering and Technology ; (vi) the President, West Bengal Council of Higher Secondary Education ; (vii) the President, West Bengal Board of Secondary Education ; (viii) the President, West Bengal Madrassa Education Board. (b) Other Members : (ix)(a)(i).......................................................... (ii) two Readers or Lecturers (one or both of whom may either be Readers or Lecturers) of the University elected by such Readers of the University as are members of the Faculty Councils for for Post Graduate Studies from amongst themselves.
(3.) The Registrar of the said University, by a notification fixed the election of the Syndicate to be held at 3 p. m. on 4th August, 1967, wherein the electors were the Readers and Lecturers of the said University and who were to elect two representatives to the Syndicate. For such election, Dr. Satya Kinkar Pal, Dr. Asis Roy and Shri Kamal Ghosh, duly filed their nomination papers and on scrutiny, their Domination were found to be valid and in order and on the date as mentioned earlier, the election in question, took place. The writ petitioners also claimed to be present at Darbhanga Hall, at the time of such election and it has been alleged by them that at the time of the concerned election, Dr. Santosh Kumar Bhattacharya, then the Vice-Chancellor of the said University was also present there and that too, at the time when votes were cast even though, according to them, only members concerned of the said Council were entitled and authorised to be present under the said Act or the provisions of the Calcutta University First Statutes, 1979 (hereinafter referred to as the said Statutes), for casting their votes.;