The Bombay High Court has directed the University of Mumbai (MU) to hold its long-pending Senate Elections for the Graduate Constituency on September 24, 2023. The ruling came during an urgent hearing on Saturday, following a bench comprising Justices AS Chandurkar and Rajesh Patil temporarily staying the Maharashtra government's September 19 circular, which had postponed the elections. In response to the government’s directive, MU had also indefinitely delayed the polls on September 20.
Originally scheduled for September 13, 2023, these Senate Elections aim to fill ten seats for the university’s registered graduates. However, the elections were postponed after the government ordered an inquiry into alleged duplicate entries in the voter rolls. The court clarified that the interim order is subject to the final ruling on the writ petition and cautioned that no party should claim an advantage based on it. The petition, brought forward by three candidates—Milind Satam, Shashikant Zore, and Pradeep Sawant—challenged the government's postponement of the elections. They argued that the delay was unwarranted and called for the elections to be conducted without further hindrance.
Government's Action and Enquiry Committee
The Maharashtra government's decision to delay the elections was accompanied by the formation of a One-Member Enquiry Committee, led by retired High Court Justice KL Wadne. The committee was tasked with investigating concerns raised by former students of IIT Powai and the Institute of Chemical Technology regarding duplicate entries on the electoral rolls. The court allowed the committee to continue its inquiry and submit a report within a month but refrained from intervening in its formation. The court questioned the timing of the government's circular, pointing out that the final voter list had been published on July 31 and that objections were only raised on September 2. The judges described the circular as “belated.”
Rescheduling the Elections
Advocates for the petitioners, Siddharth Mehta and Harshada Shrikhande, contended that the reasons given by the Directorate of Higher and Technical Education (DHTE) did not justify halting the elections. State Advocate General Birendra Saraf, representing the government, highlighted a sharp decline in registered voters—from 62,000 in 2018 to just 13,000 in 2023—as a reason for the delay. He argued that since the Senate was still functional, apart from the Graduate Constituency, there was no urgent need for an interim order.
Despite these arguments, the court ordered that the elections proceed on September 24. Counsel for MU, Anil Sakhare, and Advocate Manish Kelkar informed the court that preparations for the elections had been dismantled, and election staff recalled following the postponement. On instructions from the Vice-Chancellor, they requested the court to allow the elections on the revised date of September 24. The court granted this request and scheduled the vote counting for September 27. The case will be further reviewed on September 26, while the enquiry committee’s investigation continues.