The court has the authority to appoint an Authorized Controller to oversee the election process and ensure the completion of the election of the new Management Committee within a specified period.

JUDGMENT

Ravindra Maithani, J. - Both these petitions relate to the functioning of the Committee of Management K.L.D.A.V. Inter College, Roorkee, District Haridwar. The issue is common, therefore, both these petitions are decided by this judgment.

2. The K.L.D.A.V. Inter College is run by the Management Committee (for short, "the MC"). The term of the MC was to expire in the month of September, 2020, but due to COVID-19 pandemic, a request was made by the MC to the respondent no.4, the Chief Education Officer (for short, "the CEO"), Haridwar seeking further time to conduct the election of new MC. Six months time was extended on 21.09.2021 and further on 01.03.2021 by the CEO for conducting the election of the MC. Subsequently, the elections were notified and were scheduled to be held on 19.09.2021. But, in between, the CEO, based on a complaint directed that further process for conducting the election be stopped. This was done by the CEO by his communication dated 08.09.2021. This order dated 08.09.2021 is impugned in WPMS No. 1885 of 2021.

3. In WPMS No. 2086 of 2021, the petitioner has challenged the orders dated 21.09.2020 and 04.03.2021 passed by the CEO, by which, six months’ time was extended twice for conducting election of the MC.

4. Heard learned counsel for the parties and perused the record.

5. In WPMS No. 1885 of 2021, the learned counsel for the petitioner would submit that in view of COVID-19 pandemic situation, the CEO extended the time for election. Accordingly, the election was notified and conducted under the directions of this Court also. Therefore, the order dated 08.09.2021, passed by the CEO for not proceeding with the election, is bad in the eyes of law and the same is liable to be quashed.

6. On the other hand, learned senior counsel appearing for the petitioner in WPMS No. 2086 of 2021 would submit that statute provides three years’ term for the MC and the scheme of administration of the college also provides three years’ term. It is argued that this term cannot be extended in any circumstances and, in fact, it has never been extended. What was extended was the time for conducting the election. Therefore, order dated 21.09.2020 and 04.03.2021 passed by the CEO are liable to be quashed.

7. Learned State counsel would submit that, in fact, based on a complaint, the CEO has directed that the process for conducting the election be stopped and further CEO had requested the Additional Director concerned to appoint the Authorised Controller. It was done on 13.09.2021. But, in between, the petitions were pending in the Court, therefore, the Additional Director directed could not take a decision on the appointment of Authorised Controller.

8. During the course of hearing, learned counsel for the parties are agreeable that the Authorised Controller may be appointed by this Court with the direction to complete the election of the MC within a stipulated time.

9. In view of the suggestions made by learned counsel appearing for the parties, the writ petitions may be disposed of with the direction to the Additional Regional Director, Secondary Education, Garhwal Mandal, Pauri Garhwal to appoint the Authorised Controller within a given time with further direction that the Authorised Controller, so appointed, shall ensure that the election of new Management Committee of K.L.D.A.V. Inter College is completed within a specified period.

10. The writ petitions are disposed of with the direction to the Additional Regional Director, Secondary Education, Garhwal Mandal, Pauri Garhwal that he shall appoint the Authorised Controller within a period of two days from today. The Authorised Controller shall ensure that the election of new Management Committee K.L.D.A.V. Inter College Roorkee, District Haridwar is conducted within a period of four weeks from today.

11. The Authorised Controller shall refrain from taking any decision with regard to Management Committee except decisions on the matters which are urgent and necessary to run the co