Mumbai, Sep 21 (PTI) The Bombay High Court on Saturday directed the holding of the University of Mumbai's senate elections on September 24 after staying a state government circular postponing the polls which it noted was a last minute intervention.
In a special hearing, a division bench of Justices A S Chandurkar and Rajesh Patil initially directed that the senate elections be held on September 22 as scheduled. The bench amended its order after the varsity flagged practical difficulties in holding elections on short notice.
"The order issued to postpone the elections sine die is stayed until further orders. The elections shall proceed as per schedule," the high court stated in its operative order and posted the matter for further hearing on September 26.
The petition was filed by election aspirants- Milind Satam, Shashikant Zore and Pradeep Sawant who challenged the state government's circular temporarily staying the graduates senate elections under Rule 8 (7) of the Maharashtra Public Universities Act.
After the HC passed the order to hold elections on schedule on September 22, counsels for the varsity requested the high court to allow conducting the elections on September 24 as necessary arrangements would have to be made. The bench allowed the varsity's request.
The University of Mumbai was represented by senior counsel Anil Sakhare and advocate Manish Kelkar.
"Considering the practical difficulties expressed on behalf of the University and the fact that a short notice, arrangements would have to be made within a period of few hours, we are inclined to accept the request made by the University," the bench noted.
Polling will be held from 9 am to 5 pm on September 24 and votes will be counted on September 27, the varsity stated.
The elections scheduled for tomorrow were postponed on the directions of the state government but the High Court stayed the government's decision and directed the university to conduct the elections, the University of Mumbai said.
The senate elections for ten seats representing the university's registered graduates have been pending for two years.
Allegations of discrepancies and state interference have clouded the polls, originally scheduled for September 13, 2023. They were suspended after the government requested an inquiry into claims of duplicated entries on the electoral rolls.
The high court, on Saturday, said the exercise of constituting a one-member enquiry committee and submission of its report as per the September 19 circular has not been stayed.
"That exercise can continue," the court said, adding that its order was subject to the final outcome of the petition.
The elections were postponed over alleged irregularities and a reduction in the eligible voters list.
Noting that the election notification was issued in August, nomination forms were accepted and the entire process was completed the same month, the bench said the varsity was aware of the total number of eligible voters whose names were included in the list.
"Prima facie, it has not been shown as to what steps were taken either by the University or by the Department of Higher and Technical Education on noticing the reduction in the number of registered voters," the bench said.
Only on September 19, which is three days prior to the conduct of the elections has the Department of Higher and Technical Education chosen to intervene, the HC said.