Case Note & Summary
The petitioners, students of St. Xavier's College, Mapusa, filed a writ petition challenging the election of respondent nos. 4 and 5 as University Faculty Representatives to the Goa University Senate held on 08/08/2016. The election was conducted by show of hands instead of secret ballot as mandated by Ordinance 3.1.1 of Goa University. The petitioners contended that the election was illegal and void ab initio. The respondents argued that the election was conducted in accordance with the Ordinance and that the petitioners had an alternative remedy by way of an election petition. The court examined the Ordinance and found that it clearly requires election by secret ballot. The court noted that the election was conducted by show of hands, which is a clear violation of the Ordinance. The court held that the election is illegal and void ab initio, and the availability of an alternative remedy does not bar the writ jurisdiction when the election is ex facie illegal. The court quashed the election results and directed that fresh elections be conducted by secret ballot within a stipulated time.
Headnote
A) University Law - Election - Secret Ballot - Ordinance 3.1.1 of Goa University - The election of Faculty Representatives to the University Senate must be conducted by secret ballot as per Ordinance 3.1.1. The election held on 08/08/2016 was conducted by show of hands, which is contrary to the mandatory requirement of secret ballot. The court held that the election is illegal and void ab initio. (Paras 2-6) B) Constitutional Law - Writ Jurisdiction - Alternative Remedy - Article 226 of Constitution of India - The availability of an alternative remedy does not bar the High Court from exercising its writ jurisdiction when the election is ex facie illegal and contrary to statutory provisions. The court held that the election being void ab initio, the writ petition is maintainable. (Paras 7-8)
Issue of Consideration
Whether the election of respondent nos. 4 and 5 as University Faculty Representatives to the Goa University Senate held on 08/08/2016 is illegal and void for being conducted by show of hands instead of secret ballot as required by Ordinance 3.1.1.
Final Decision
The court allowed the writ petition, declaring the election of respondent nos. 4 and 5 as University Faculty Representatives held on 08/08/2016 as illegal and void ab initio. The court directed that fresh elections be conducted by secret ballot within a stipulated time.
Law Points
- Election by show of hands invalid
- Secret ballot mandatory
- Ordinance 3.1.1 of Goa University
- Writ jurisdiction under Article 226
- No alternative remedy bar
