The Kerala High Court has intervened in an electoral dispute at Calicut University, directing the varsity to reconstitute its general council with currently elected student union members before holding the senate election. This significant order came in response to a petition challenging the university's plan to use an outdated council.
Court's Directive and Petitioner's Challenge
Justice V G Arun issued the directive while allowing a petition filed by M Sreenath, a student from Malappuram. Sreenath, who was elected as a union councillor for the current academic year from KR's Sree Narayana College in Valanchery, challenged the university's controversial decision. The university had intended to conduct the crucial senate election with an existing general council that comprised union councillors from the previous academic year.
The university's stance was based on the fact that the senate committee, which is formed from the general council, had not been constituted after the 2023-2024 period. However, the petitioner strongly contended that, as per the university's own statute, the tenure of the general council is strictly one year. He argued that the council elected in the previous academic year had legally ceased to be members, rendering them ineligible to participate in the current electoral process.
High Court's Rationale and Final Order
The High Court accepted the petitioner's submission, delivering a clear legal interpretation. The court observed that persons elected in the previous academic year lost their right to participate in the senate election after the conduct of elections to the general council for the current academic year. This observation underscores the principle of annual tenure and democratic representation within the university's governance structure.
Accordingly, the court issued a firm directive to the university administration. Calicut University must now reconstitute its general council by including the university union councillors who were elected for the current academic year. Only after this reconstitution is properly completed can the university proceed with the election to the senate, a key decision-making body. This order ensures that the senate election reflects the current student mandate and adheres to the statutory framework.
Implications for University Governance
This judgment reinforces the importance of adhering to institutional statutes and ensuring timely democratic transitions within university bodies. It sets a precedent for how student representation should be handled in annual governance cycles. The directive mandates that the university's electoral process must be based on the most recent student union election results, thereby upholding the legitimacy of its governing bodies. The ruling is expected to impact the timeline and composition of the upcoming senate, which plays a vital role in the academic and administrative affairs of Calicut University.
