In October 2007, the division bench of Bombay High Court had pulled up the university for not conducting the elections. On December 15, 2007 and later on December 24 the same year, the university had placed the matter before the MC seeking approval for the schedule and programme of the elections. However, the council has sought legal opinion as objections on certain issues have been raised by its members.

“Some of the MC members, particularly the Teachers' representative, had raised objection to the inclusion of principals in the voters list for the Teacher’s constituency. Legal opinion has been sought on the issue of principals’ voting eligibility and other queries raised by the members,” said Dr Vijay Khole, vice chancellor of Mumbai University.

Dr K A Patil, member of the MC and principal of Siddharth College, was one of the members who had opposed bringing up the issue of principals' eligibility to vote in the Senate elections from the Teacher’s constituency. “It was my stand in the council that this was not the time to exclude the name of the principals from the voters list. If the principals are excluded, the matter will reach court and the elections delayed further,” said Dr Patil.

Dr Patil had explained to the MC that as per Section 2 (34) of Mumbai University Act, the definition of Teacher includes principals, among others. “The question of exclusion of principals to vote in Senate elections from the Teacher’s Constituency does not arise,” said Dr Patil.

However, this is not first time the University is seeking an opinion on the subject of principals’ eligibility to vote as teachers. Dr Khole said that previously the legal advisors to the university had opined that as per the Maharashtra University Act principals were eligible to vote as teachers. “This will be last time this issue will be referred for legal opinion,” said Dr Khole.

The story so far...

In July 2006, the Chancellor had set aside the elections of 17 teachers of the Senate on the ground that the university had made illegal changes in the voters list on the eve of the polls in September 2005. On the directions of the Chancellor, the State appointed a one-member committee headed by Pratima Umarji to probe into the procedural failures on the part of the university which led to setting aside of the elections.

In January 2007, two weeks prior to the elections, the Bombay High Court directed the university to conduct the elections only after updating the electoral rolls.

In March 2007, the State, claiming to act on the Umarji committee report, directed the university to sack its then registrar Dr Jayant Dighe holding him responsible for the Senate election fiasco. The university sacked Dr Dighe and he challenged the order before the Bombay High Court.