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HIGH COURT OF UTTARAKHAND AT NAINITAL
MANOJ KUMAR GUPTA, C.J., SUBHASH UPADHYAY
Anuj Singh Chauhan – Appellant
Versus
Committee of Management, Rashtriya Inter College, Rohalki, Bahadarabad, District Haridwar – Respondent
| Table of Content |
|---|
| 1. challenge to elections based on member induction. (Para 1 , 2 , 3) |
| 2. finality of prior decisions not challenged. (Para 4) |
| 3. court's findings on complaint adjudication. (Para 5) |
| 4. abuse of process and multiple litigations. (Para 6 , 9) |
| 5. nature of clause-7 debated; appeal dismissed. (Para 7 , 8) |
| 6. final order; costs imposed for abuse. (Para 10 , 11) |
JUDGMENT :
Manoj Kumar Gupta, C.J.
1. The present intra court appeal is directed against the order and judgment of learned Single Judge dated 30.12.2025, passed in Writ Petition (M/S) No. 1795 of 2024.
2. The writ petition was filed by non-appellant no. 1 (hereinafter referred to as ‘the petitioner’). It had challenged orders dated 15.03.2024, 28.06.2024 and 29.06.2024 passed by respondent no.3 Regional Additional Director, Secondary Education, Garhwal Region, District Pauri Gahwal. By order dated 15.03.2024, the Regional Additional Director, acting on a complaint made by respondent no. 5- the past President of Rashtriya Inter College, Rohalki, Bahadrabad, District Haridwar, in respect of induction of 89 members in the general body of the society, which runs the institution, held that the induction was illegal and consequ
The provision for enrollment of new members in the Scheme of Administration is directory, not mandatory, and a prior decision on membership induction cannot be questioned in subsequent complaints if ....
Director of Secondary Education holds quasi-judicial power to probe election validity and approvals in aided institutions under School Education Act; jurisdiction distinct from Societies Act; prima f....
A Committee of Management loses authority to conduct elections post-term expiry, necessitating an Authorized Controller to oversee elections, as per statutory provisions.
Elections to the Committee of Management must comply with the Scheme of Administration to be valid; procedures and member admissions must adhere to prescribed protocols to ensure lawful election outc....
Without rival committees dispute, Director cannot under Section 29(7) inquire election validity of recognized management; Societies Act governs. Section 34 enables mismanagement probes.
Elections held by a Committee of Management whose term has expired are valid if no Authorized Controller is appointed, and the Regional Level Committee's rejection of such elections is contrary to la....
Elections for the Committee of Management of an educational institution must be conducted in accordance with the approved Scheme of Administration, and the provisions of the Uttar Pradesh Intermediat....
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