CHERUKURI PIRCHIAH ADVOCATE AND MUNICIPAL COMMISSIONER GUDIVADA Vs. ANDHRA UNIVERSITY WALTAIR

JUDGEMENT

(1.) The order of the Chancellor of the Andhra University setting aside the election of the petitioner to the senate of that university is called in question in this petition.

(2.) In January 1960, the District Collector, Kri-shna, conducted the election of one member to the senate from the local bodies constituency of that district, as requested by the university. In that election the petitioner secured 426 votes as against 424 polled by the third respondent. Consequently the petitioner was declared elected to the senate and the result of the election was Intimated to the university. It was notified in the Andhra Pradesh Gazette. The unsuccessful candidate preferred an appeal to the Chancellor of the university against the declaration of the result of the election complaining that some of the votes cast in his favour were improperly rejected by the Returning Officer. The Chancellor, being of the opinion that the grounds of invalidation of the votes were Improper, set aside the election of the petitioner and ordered a fresh election to be held. Before taking the final decision, the Chancellor had not issued any notice to the petitioner, the successful candidate in the election. It is this order of the Chancellor that is in issue in this petition under Article 226 of the Constitution.

(3.) The main challenge to the order is based on the non-issue of notice to the petitioner. It is urged by the learned Counsel for the petitioner that any order passed by the Chancellor without notice to the affected person violates the principles of natural justice. It was incumbent upon the Chancellor to have given an opportunity to the petitioner to hear him before decision was given against him, continues the learned counsel.