In a setback to Kerala Governor Arif Mohammed Khan, who is chancellor of universities in the state, the Kerala High Court, on Friday, interdicted him from nominating any new member to the to the senate of Kerala University until 31October

A single-judge bench of Justice Murali Purushothaman passed the interim order after considering a petition challenging the governor’s order withdrawing the nomination of the heads of the Institute of Management and departments of Music, Sanskrit and Philosophy as Ex-Officio members of Kerala University Senate.

The petition was moved 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 governor’s decision has been challenged by the petitioners as being arbitrary, illegal, without jurisdiction, and in violation of the principles natural justice, thus warranting immediate intervention of the High Court.

It was further submitted that the petitioners who are Ex-Officio Members under Section 17(3) of the Act, do not fall within the purview of ”Other Members’ under the statute, in respect of whom the Chancellor can withdraw his pleasure.

In today’s hearing, the counsel for the governor argued that he 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 court will consider the matter again on 31 October.

In an extraordinary move, Kerala Governor Arif Mohammed Khan, in his capacity as Chancellor of the university last week removed 15 members from the Senate of  the Kerala University. All these Senate members, whose membership has been withdrawn, were the Chancellor’s nominees.

They abstained from the Senate meeting held on Friday to nominate a representative to the search committee to select the Vice Chancellor for the university. Due to their abstention, the Senate meeting was adjourned for lack of quorum. Following this, the governor came up with the extraordinary move.