Section 39 of The University of Allahabad Act, 2005
Filling of casual vacancies.
All casual vacancies among the members, other than ex officio members, of any authority or other body of the University shall be filled, as soon as may be, by the person or body who appoints, elects or co-opts the member whose place has become vacant and person appointed, elected or co-opted to a casual vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he fills would have been member.
Summary
- A casual vacancy happens when a member of a university body leaves their position before their normal term is finished.
- This rule does not apply to ex officio members (people who hold a seat automatically because of their job title).
- The empty seat must be filled as soon as possible by the same person or group that originally appointed, elected, or co-opted the previous member.
- The newly chosen member does not get a full new term, but only serves for the leftover time of the person they replaced.
Practical examples
FAQ
1. What happens if a committee member resigns halfway through their term?
The person or body that originally appointed them will pick a replacement.
2. How long does the replacement member serve?
They serve only for the remainder (the residue) of the original member's term.
3. Does this rule apply to the Vice-Chancellor sitting on a board ex officio?
No, the rule explicitly excludes ex officio members.
Test yourself
1.Under Section 39 of The University of Allahabad Act, 2005, how long does a person appointed to fill a casual vacancy serve?
2.Under Section 39 of The University of Allahabad Act, 2005, who is responsible for filling a casual vacancy?
3.Under Section 39 of The University of Allahabad Act, 2005, which type of member is explicitly excluded from the rules about filling casual vacancies?
4.Read Section 39 along with Section 38 of The University of Allahabad Act, 2005. If a casual vacancy is filled, but someone disputes whether the new person was validly appointed by the correct original body, what is the next step?