Back
2021 Supreme(UK) 417
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Manoj Kumar Tiwari, J.
Suresh Kandpal - Appellant
Versus
State Of Uttarakhand & Ors. - Respondents
Writ Petition (M/S) No. 2810 of 2021
Decided On : 28-12-2021
Ganesh Kandpal, Advocate, M.S. Bisht, Advocate
The court emphasized the importance of conducting elections for the management committee in accordance with the relevant laws and regulations.
Headnote:ELECTION - MANAGEMENT COMMITTEE - Uttarakhand School Education Act, 2006 - Regulation, 2009 The court addressed the issue of the petitioner's request for the conduct of elections for the management committee of Janta Inter College. The court noted that the term of the previous committee had expired and no election had been held. The court referred to the Uttarakhand School Education Act, 2006 and its regulations, which provide for the election of the managing committee. The court found that there was no legal impediment to holding the elections. Therefore, the court directed the authorized controller to publish advertisements, prepare a voter list, and set a date for the election. The authorized controller was also instructed to hand over charge to the newly elected managing committee within seven days of the election result.
Fact of the Case:
The petitioner sought a writ mandamus to conduct elections for the management committee of Janta Inter College.Finding of the Court:
The court found that there was no legal impediment to holding the elections.Ratio Decidendi:
The court relied on the Uttarakhand School Education Act, 2006 and its regulations, which provide for the election of the managing committee. Final Decision: The court directed the authorized controller to publish advertisements, prepare a voter list, set a date for the election, and hand over charge to the newly elected managing committee.JUDGMENT
Manoj Kumar Tiwari, J. - Petitioner is a Member of General Body of the Society, which runs Janta Inter College, Farsali, District Bageshwar.
2. According to the petitioner, last election for constituting Managing Committee of the institution was held in July, 2017 and term of the said Managing Committee expired in July, 2020 and, thereafter, no election has been held and day-to-day affairs of the College are being looked by the Authorized Controller appointed by the Director.
3. By means of this writ petition, petitioner has sought the folloaawing relief:-
"1- A writ, order or direction in the nature of mandamus directing the respondent no. 2 & 3 to conduct the election of the committee of management as per the scheme of Administration of the institution sanctioned under Uttarakhand School Education Act, 2006 as well as its regulation, 2009."
4. Admittedly, Janta Inter College, Farsali, District Bageshwar is a Government Aided Institution, in which State Government is providing funds for payment of salary to Teachers and other employees of the Institution.
5. It is not in dispute that, as per the Scheme of Administration of the Society, term of Managing Committee is three years and new Managing Committee has to assume charge after expiry of term of the outgoing Managing Committee and Authorized Controller, if appointed, is under a duty to hold elections as early as possible to ensure that an elected Managing Committee is put in place to look after the affairs of the Institution.
6. Learned State Counsel was asked to get instructions, as to whether there is any legal impediment in holding elections for constituting Managing Committee of Institution. Today, on instructions, Mr. M.S. Bisht, learned State Counsel submits that there is no legal impediment in holding elections.
7. Since the term of the outgoing Managing Committee expired in June, 2020 and more than 16 months have gone by upon expiry of the term, therefore, having regard to the facts and circumstances of the case, the writ petition is disposed of with the following directions:-
(i) Authorized Controller shall get advertisement published in two newspapers for inviting applications from eligible persons for induction as member of the society within three weeks.
(ii) Competent Authority shall thereafter prepare a voter list within next three weeks.
(iii) Competent Authority shall fix a date for election at the earliest, but not later than two weeks from the date of preparation of voter list.
(iv) Authorized Controller shall handover charge to the newly elected Managing Committee, within 5 seven days from the date of declaration of result of election.
