Ankush Baburao Kadam v. Dr Babasaheb Ambedkar Marathwada University Aurangabad Through Registrar And Others

{1} 922 - WP 2948 of 2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 922 WRIT PETITION NO. 2948 OF 2018 ANKUSH BABURAO KADAM

VERSUS

DR.BABASAHEB AMBEDKAR MARATHWADA UNIVERSITY AURANGABAD, THROUGH REGISTRAR AND OTHERS ...

Advocate for Petitioner : Mr.Ajay S.Deshpande Advocate for Respondent Nos.1 to 3 : Mr.S.P.Shah ...

CORAM : R.M.BORDE AND K.K.SONAWANE, JJ.

DATE: 20th March, 2018 PER COURT:- 1) The learned counsel appearing for the petitioner informs that an Appeal has been preferred by the petitioner to the Vice Chancellor on 29.11.2017, objecting to the process of election to Senate from Teachers' Constituency (Open) and the same is pending.

2) In the facts and circumstances of this case, ends of justice would be met by directing the Vice Chancellor to decide the appeal in observance of

{2} 922 - WP 2948 of 2018 the procedure prescribed under the law and after extending opportunity of hearing to either parties, as expeditiously as possible and preferably within six weeks from today.

3) All the contentions raised by the petitioner are kept open.

4) The learned counsel appearing for the petitioner assures to remain present before the Vice Chancellor on 27.3.2018 at 11:00 a.m. As such issuance of notice to the petitioner for securing his presence stands dispensed with.

5) It would be open for the petitioner to tender application seeking incorporation of elected representatives as party respondents.

6) It is noticed that even as on today, the period of limitation prescribed for challenging the process of election has not expired and as

{3} 922 - WP 2948 of 2018 such the defence of limitation of either side is not likely to be affected.

7) All the questions and probable defence are kept open for decision in the proceedings before the Vice Chancellor.

8) In view of above, writ Petition is disposed of.

(K.K.SONAWANE) (R.M.BORDE) JUDGE JUDGE spt/922 - WP 2948 of 2018