GUJARAT UNIVERSITY versus N.U. RAJGURU AND ORS.

GUJARAT UNIVERSITY versus N.U. RAJGURU AND ORS.

Where a statutory remedy exists to resolve election disputes as provided in Section 58 of the Gujarat University Act, resort must be had to that remedy before invoking writ jurisdiction under Article 226 of the Constitution. In the absence of exceptional circumstances, the High Court erred in entertaining a writ petition.

Parties
Appellant: Gujarat University; Respondents: N.U. Rajguru and Ors.
Jurisdiction
India
Judgment Date
10 November 1987
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From High Court Judgment Setting Aside University Election
Outcome
Appeal allowed. Order of the High Court set aside. Writ petition dismissed.
Legal Topics
Jurisdiction of High Courts Under Article 226 of the Constitution, Statutory Remedies for Election Disputes, Interpretation of Gujarat University Act
Administrative Law Election Law Education Law Jurisdiction of High Courts Under Article 226 of the Constitution Statutory Remedies for Election Disputes Interpretation of Gujarat University Act

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Parties

Gujarat University

Appellant

N.U. Rajguru and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal From High Court Judgment Setting Aside University Election

Legal Issues

  1. 1 Whether the High Court erred in entertaining a writ petition challenging an election when statutory remedies under the Gujarat University Act were available

Ratio Decidendi

Where a statutory remedy exists to resolve election disputes as provided in Section 58 of the Gujarat University Act, resort must be had to that remedy before invoking writ jurisdiction under Article 226 of the Constitution. In the absence of exceptional circumstances, the High Court erred in entertaining a writ petition.

Court Disposition

Appeal allowed. Order of the High Court set aside. Writ petition dismissed.

Orders

  • Order of the High Court setting aside the election of 28 members is quashed.
  • Writ petition filed by the respondents is dismissed.