VC cannot issue directions contradictory to the law: HC
Rashtrasant Tukadoji Maharaj Nagpur University Vice-Chancellor has again faced the ignominy of scrapping the entire election procedure for ten seats in the Graduates constituency on its Senate. The VC Dr Subhash Chaudhari was directed by the High Court to follow the law meticulously and conduct elections as per the law. The court also pointed out the law cannot be amended for the convenience of the VC or University administration.
Adv Manmohan Bajpai and others had moved the court against the VC alleging misuse of powers for reducing the prescribed duration for registration of voters and waiving the condition of filling up Form-B, which is a part of the prescribed procedure. The provisions of the law cannot be amended through the powers vested in the post, under the Maharashtra Public Universities Act [(Section 12(8)]. Dr Chaudhari issued a notification in connection with the elections, under Direction 40. The court also pointed out that the VC cannot use the powers vested in him in contravention of the existing law.
The entire procedure from issuing fresh notification, registration of voters, submission of Form-B, polling and counting of votes and announcing the results, will have to be followed again.
The notification announcing the elections was issued on October 20, 2022. As the elections were required to be completed by November 30, the laid down rules were bent. Now with the court’s decision the University will have to carry out the entire procedure. Several mistakes were also pointed out in the electoral list. These mistakes will also be required to be removed.
The University Registrar Dr Raju Hiwase has issued a notification cancelling the polling for Graduates’ Constituency on December 17. The notification also says that fresh dates will be announced later.
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