Kerala HC prevents Governor from nominating new members to Senate
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Kochi: In a setback to Kerala Governor Arif Mohammed Khan, who is the chancellor of universities in the state, the High Court on Friday restrained him from nominating new members to the senate of Kerala University until October 31.
Justice Murali Purushothaman issued the order on the petitions filed by Dr KS Chandrasekhar and others challenging the notification issued by Governor Khan withdrawing the nominations of 15 members of the senate of Kerala University. The petitioners argued that the Governor cannot withdraw the nominations by withdrawing his pleasure in their holding office, invoking powers conferred by virtue of the fourth provision of S. 18 (3) of the Kerala Universities Act, 1974.
The petitioners are ex-officio members, who were nominated to the senate in terms of Section 17 (13) of the Act whose term of office is till 2023. Therefore, the Governor cannot withdraw their nomination for the reason that he has withdrawn his pleasure in allowing them to continue as the nominated members of the Senate. Hence, the Governor's order is illegal and without jurisdiction, argued the petitioners.
The counsel for the Governor argued that the governor has ample power to issue the order and there is nothing illegal. He also assured that the files relating to the notification will be produced before the court on the next posting date.
"The matter to be heard in detail. Therefore post the writ petition for further hearing on October 31. Until such time there will be a direction to the Governor not to make any fresh nomination of other members in the place of the petitioners," the court said.