Nabeel K A and others v. Returning Officer, Kannur University and others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE T.R.RAVI** ## **WEDNESDAY, THE 1[ST] DAY OF NOVEMBER 2023 / 10TH KARTHIKA, 1945** ## **WP(C) NO. 32037 OF 2023** ## **PETITIONERS:** - **1 NABEEL K A AGED 21 YEARS S/O ABDUL KHADER, KARINGADUKAM HOUSE, KUNTAR P. O, ADUR, KASARAGOD, PIN – 671543.** - **2 AYSHATH SHYMAZ AGED 21 YEARS S/O MUHAMMED C.A, RAHMATH MANZIL, RAHMANIYA NAGAR, MUTTATHODY, KASARAGOD, PIN – 671123.** - **3 AYSHA AGED 21 YEARS S/O HARIS, THALANGARA, KASARAGOD, PIN – 671122.** - **4 FATHIMA MARJANA AGED 21 YEARS VAHEEDA MANZIL, HOSDURG BEACH, BADRIYA NAGAR P O, KANHANGAD, KASARGODE, PIN – 671315.** - **5 MARIYAM SANIYA AGED 18 YEARS S/O AHMED ABOOBACKER, KP HOUSE, KAVUNTHALA, PADNE, KASARGODE, PIN – 671312.** - **6 ULLAGANNAN AGED 22 YEARS S/O MATHEW KP, KUNJANAYIL HOUSE, CHAYITHADUKKAM, KUTTIKOL P O, KUTTIKOL, KASARAGOD, PIN – 671541.** - **7 EM MUHAMMED SINAN AGED 21 YEARS** - **S/O MAHMOOD E A, ERIYAL HOUSE, CHENGALA P O, CHENGALA, KASARGODE, PIN – 671542.** - **8 MUHAMMED JASIR AGED 21 YEARS S/O HUSSAIN, SAFA MAHAL, PADIKKACHAL, ULIKKAL, KANNUR, PIN – 670705.** - **9 NIHAL K AGED 21 YEARS S/O NOORUDHEEN, FIZANAS, KANACHERI, EACHUR, KANNUR, PIN – 670591.** **WP(C) NO. 32037 OF 2023** **2** - **10 PARAYIL MUHAMMED NIHAL AGED 22 YEARS S/O MAYMOOD TALIPARAMBAN, NIHAL MANZIL, KAPPUMKADAVU P O, VILAKKOD-KANNUR, KERALA, PIN – 670703.** - **11 ABDULLA SAYAF AGED 23 YEARS S/O ABDUL MUNEER, THAZHE MADATHIL HOUSE, CHERAPURAM P O, KAKKATTIL, KOZHIKODE, PIN – 673507.** **BY ADVS. P.E.SAJAL AJAS K.S.** ## **RESPONDENTS:** - **1 THE RETURNING OFFICER/THE REGISTRAR, KANNUR UNIVERSITY, KANNUR, PIN – 670002.** - **2 UNIVERSITY OF KANNUR REPRESENTED BY THE REGISTRAR, UNIVERSITY OF KANNUR, KANNUR, PIN – 670002.** - **3 DIRECTOR OF STUDENT'S SERVICE KANNUR UNIVERSITY, KANNUR, PIN – 670002.** - **4 THE PRINCIPAL GOVT. COLLEGE KASARGODE, VIDYANAGAR P O, KASARGODE, PIN – 671123.** - **5 THE PRINCIPAL SA-ADIYA ARTS AND SCIENCE COLLEGE, PERUMBALA, KASARGODE, PIN – 671317.** - **6 THE PRINCIPAL MARTHOMA COLLEGE FOR THE HEARING IMPAIRED, CHERKKALA, KASARGODE, PIN – 671541.** - **7 THE PRINCIPAL ORPHANAGE ARABIC COLLEGE, KANHANGHAD, KASARGODE, PIN – 671315.** - **8 THE PRINCIPAL, RAHMANIYA AFSALUL ULAMA ARABIC COLLEGE, RAHMANIYA NAGAR, KASARGODE, PIN – 671312.** - **9 THE PRINCIPAL, ST. MARYS ARTS AND SCIENCE COLLEGE, CHERUPANATHADY, PANATHADY, RAJAPURAM, KASARGODE, PIN – 671533.** **WP(C) NO. 32037 OF 2023** **3** - **10 THE PRINCIPAL, MALIK DEENAR COLLEGE OF GRADUATE STUDIES, SEETHANGOLI, KASARGODE, PIN – 671321.** - **11 THE PRINCIPAL DARUL IRSHAD ARABIC COLLEGE, PARAL, KANNUR, PIN – 670671.** - **12 THE PRINCIPAL NAHER ARTS AND SCIENCE COLLEGE, KANHIRODE, KANNUR, PIN – 670592.** - **13 THE PRINCIPAL NAM COLLEGE, KALLIKANDY, KANNUR, PIN – 670693.** - **14 THE PRINCIPAL MECF COLLEGE OF TEACHER EDUCATION, PERINGHATHUR, KANNUR, PIN – 670675.** **BY ADVS. REEHA KHADER K AHAMED FAZIL E.C.** **SRI. I. V. PRAMOD, SC.** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C) NO. 32037 OF 2023** **4** ## **T.R. RAVI, J.** ## **--------------------------------------** W.P.(C) No.32037 of 2023 ---------------------------------------------------Dated this the 1[st] day of November, 2023 ## **JUDGMENT** The petitioners have approached this Court challenging their removal from the General Council of the University. The prayer is to quash Ext.P7, wherein they are not included. The short facts required are as follows: 2. Petitioners were elected as University Union councillors from the colleges, who are shown as respondents 4 to 14. The General Council comprising of the University Union Councilors elected from the colleges was constituted on 27.10.2022. Prior to the constitution of the General Council on 12.05.2023, the 1[st] respondent had issued Ext.P5 notification for the purpose of reconstituting the Senate of the University. Ext.P5 gives the time line for the publication of the electoral roll with respect to 12 of the constituencies from which persons are **WP(C) NO. 32037 OF 2023** **5** to be elected to the Senate. As far as the General Council of the University Union is concerned, the date for publication of the electoral roll was 22.06.2023. The electoral roll was published by the 1[st] respondent on 22.06.2023, which included the petitioners. As per Ext.P5, persons who are on the Electoral Body 60 days before the date of publication of the roll alone shall be included in the electoral roll, and such persons alone shall be entitled to participate in the election. It also provides that any person who ceases to be a member of an Electoral Body before the date of issue of the ballot paper from the University office shall not be entitled to participate in the election. Since the petitioners were in the Electoral Body 60 days prior to 22.06.2023, they were entitled to be included in the list. Ext.P5 also says that the Returning Officer can make any addition, correction, alteration or deletion to the electoral roll, provided, the fact necessitating such correction is brought to his notice within 15 days after the publication of the electoral roll. Subsequently, the 1[st] respondent issued another notification on **6** **WP(C) NO. 32037 OF 2023** 16.08.2023 making deletions in the electoral roll, which is published as Ext.P6. In Ext.P7, the petitioners' names were deleted. The petitioners submitted representations before the Registrar of the University stating that they had become members of the General Council on 27.10.2022 and they had participated in the University Union Election and they sought reconsideration of the decision to remove them from the electoral roll. It is thereafter that they have approached this Court. The petitioners submit that going by the provisions of the University Statutes, they continued to be members of the General Council till a new General Council is constituted. Reliance is placed on Statue 13 of the Kannur University First Statutes, the provisions of which have been extracted in Ext.P5. Statute 26 relating to the electoral roll of members of the General Council states that the electoral roll shall contain the name and college address of all the members of the General Council of the University Union and in the case of full time students of the departments of the University, it shall show the **WP(C) NO. 32037 OF 2023** **7** names of the full time students department-wise. Chapter 46 of the Kannur University First Statutes relates to elections. In statute 2 the procedure for conducting an election is laid down. Statute 2(ii) specifically says that all members of the General Council of the Kannur University Union and full time students in the University Departments on the date of issue of notification shall be entitled to participate in the concerned elections. 3. Ext.P1 is the schedule of the student union election for 2022-2023, which would show that 20.06.2023 is the date for declaration of the results. As already stated, petitioners participated in the election having been in the electoral roll with effect from 27.10.2022. Ext.P3 is the final electoral roll of the University union election, in which the petitioners are included. The said list is dated 14.06.2023. The petitioners have produced Ext.P10, which is the bye-laws of the affiliated college/university campus students union issued by the Kannur University. Byelaw No.5 relates to the Term of the University Union. It specifically says that the term of the union shall generally be the **WP(C) NO. 32037 OF 2023** **8** academic year during which the union assumes office or till the date of the elections to the union in the subsequent year. It further states that a member or an office-bearer will cease to be so, if he/she ceases to be a student of the college/campus and that the said clause will not apply to the University Union Councillors, who will be governed by the constitution of the University Union. 4. The counsel for the petitioners submits that merely because the petitioners cease to be students, they do not cease to be members of the General Council. It is further submitted that the same electorate is to be used for the Senate Election, since one of its constituencies is the General Council for that year. The period of the General Council is from 27.10.2022 to 26.10.2023. Admittedly, elections have been completed for the reconstitution of the General Council, but the reconstitution is not yet over. The question that needs to be decided is whether the petitioners could be removed from the rolls at this stage before the constitution of the next General Council for the sole **WP(C) NO. 32037 OF 2023** **9** reason that they have ceased to be students. If the period of the General Council is over, then all members of the General Council cease to have a right to be in the electoral roll. In the case on hand, 24 persons are removed for the sole reason that they were final year students who had completed the course. 5. The counsel for the petitioners relied on the judgment of a Division Bench of this Court in **John Joseph v. University of Kerala** [1982 KLT 992]. The said case related to a similar issue which arose at the Kerala University. The Division Bench considered the impact on the Statues and the bye-laws of the union and also considered the question whether a student who is a member of the General Council ceases to be a member once he ceases to be a student. Paragraphs 7 and 8 of the judgment are extracted below: “7. Now we will have to consider another aspect of the same question. Do the members of the General Council cease to be such members merely because they have ceased to be students having passed out of college or otherwise? Assuming that they cease to be members of the General Council, does the General Council cease to function for that **WP(C) NO. 32037 OF 2023** **10** reason? It would be normal to expect in the composition of the General Council at any time some students who belong to the final year class. If they are elected as members of the General Council when they are students they are properly elected as such members and they no doubt represent the student community Byelaw 6 applies directly to them. That provides that their term as members continues till the reconstitution of the General Council. Despite this plain language it is urged that the provision of such byelaws would be ultra vires of S.5(xv) (c) of the Act. That Section only envisages the power in the University to institute a University Union for students. What was evidently argued before the learned single Judge was that a University Union for students should also be a Union by the students and of the students. With great respect to the learned Judge who was persuaded to accept the view we think otherwise. A University Union for students need not be composed entirely of students. The object of the University Union is to promote student interest. No doubt the composition of the Union must be mainly of students. The non-student element, if any, must not be predominant and the non- student element should not belong to a community which has no nexus with student interest. The presence of elements which do not represent the interests of the student community and which have no relevance to such interests in any material or appreciable degree may, no doubt, change the character of the Union from one that for students. But that would not be the case where the body is composed of students and those **WP(C) NO. 32037 OF 2023** **11** whose presence has relevance in the matter of promotion of interests of students. When a General Council is constituted it will be of students of all classes including the final year class. A student leader in whom the general population of students had bestowed faith and confidence and had sponsored him so as to place him in a representative position need not lose his interest in the student community the moment he ceases to be a student of the college. In other words it need not be taken that his presence in the body could result in the presence of a person who has no relevance to student interests. The most practical way of continuing the body intact till the new General Council comes into existence by reconstitution is to allow all those elected by the students as representatives to continue as such. In short we do not think that a University Union for students must necessarily be of the students and by the students. With great respect, we do not subscribe to the view that the moment a member of the General Council Council itself ceases to function. 8. If what we have said above is the situation the Kerala University Union which came into existence on 3-3-1982 will continue to function during the academic year 1982-83 until a new General Council is reconstituted or the expiry of 12 months whichever is earlier. No new General Council has yet been reconstituted and therefore the General Council which has been constituted on 3-3-1982 must necessarily continue to function and we declare so. The appeal is allowed to that extent.” **WP(C) NO. 32037 OF 2023** **12** 6. The Division Bench has clearly held that there is no requirement for the University Union for students, to be necessarily by the students, and the mere fact that the person ceases to be a student, will not result in cessation of membership of the General Council. In view of the categoric pronouncement by a Division Bench of this Court the petitioners are entitled to succeed insofar as their grievance regarding exclusion from Ext.P7 list is concerned. No other reason than the fact that they have ceased to be students have been stated for the removal of the petitioners' names from the electoral roll. 7. In the result, the writ petition is allowed. Ext.P7 insofar as it excludes the petitioners from the electoral roll is set aside. The respondents are directed to include the petitioners also in the electoral roll of the General Council. Orders shall be issued within one week from the date of receipt of a copy of this judgment. Sd/- **T.R.RAVI JUDGE** mpm **WP(C) NO. 32037 OF 2023** **13** ## **APPENDIX OF WP(C) 32037/2023** **PETITIONERS’ EXHIBITS** |**Exhibit P1**|**TRUE COPY OF THE COLLEGE UNION ELECTION**| |---|---| ||**NOTIFICATION DATED 15/10/2022.**| |**Exhibit P2**|**TRUE COPY OF THE UNIVERSITY UNION ELECTION**| ||**NOTIFICATION ISSUED BY THE ASSISTANT**| ||**REGISTRAR OF 2ND RESPONDENT DATED**| ||**08.06.2023.**| |**Exhibit P3**|**TRUE COPY OF THE FINAL ELECTORAL ROLL OF**| ||**THE UNIVERSITY UNION ELECTION DATED**| ||**14.06.2023.**| |**Exhibit P4**|**TRUE COPY OF THE IDENTITY CARD ISSUED BY**| ||**THE 3RD RESPONDENT TO THE 4 - 10**| ||**PETITIONERS.**| |**Exhibit P5**|**TRUE COPY OF THE NOTIFICATION OF THE 1ST**| ||**RESPONDENT DATED 10.05.2023.**| |**Exhibit P6**|**TRUE COPY OF THE ELECTORAL ROLL OF MEMBERS**| ||**OF GENERAL COUNCIL OF THE KANNUR UNIVERSITY**| ||**DATED 22.06.2023.**| |**Exhibit P7**|**TRUE COPY OF THE NOTIFICATION DATED**| ||**16.08.2023.**| |**Exhibit P8**|**TRUE COPY OF THE REPRESENTATION/COMPLAINT**| ||**BEFORE THE 1ST RESPONDENT DATED NIL.**| |**Exhibit P9**|**TRUE COPY OF THE NOTIFICATION ALONG WITH**| ||**SCHEDULE DATED 07.09.2023.**| |**Exhibit P10**|**TRUE COPY OF THE BYELAW OF THE KANNUR**| ||**UNIVERSITY.**| |**Exhibit P11**|**TRUE COPY OF THE INTERIM ORDERS IN WPC**| ||**6760/2023, 6821/2023, 6764/2023, 6592/2023**| ||**DATED 03.03.2023.**|