Without rival committees dispute, Director cannot under Section 29(7) inquire election validity of recognized management; Societies Act governs. Section 34 enables mismanagement probes.

JUDGMENT :

Manoj Kumar Gupta, C.J.

1. The present intra-court appeal is directed against the order and judgment of learned Single Judge dated 02.01.2026 in Writ Petition (M/S) No.2245 of 2025, “Committee of Management RMPP Vidhyalaya Inter College vs. State of Uttarakhand & others”.

2. The said writ petition was filed by the appellant challenging the validity of the order dated 09.04.2025, whereby respondent no.2- Director, School Education, Secondary Education, Uttarakhand, office at Nanoor Kheda, Dehradun, constituted a three Member Inquiry Committee to examine the complaint of the private respondent (non- appellant no.5 herein) made in respect of the order dated 28.01.2025 by Additional Director of Education, Garhwal Mandal, Pauri directing respondent no.4 to recognize the election of the appellant- Committee of Management under the provisions of the UTTARAKHAND SCHOOL EDUCATION ACT , 2006 and Regulations framed thereunder and clause 9(4) of the Scheme of Administration. Respondent no.5 alleged that the so called election of the appellant- Committee of Management dated 15.01.2025 was a fake one and the committee was accordingly constituted to enquire into the said aspect. Also under challenge was the order dated 27.06.2025 also issued by respondent no.2 in continuation of the earlier order and taking notice of a subsequent complaint dated 26.06.2025 made by the same private respondent. Thereby, respondent no.2 had constituted another three Member Committee to examine the allegations made in the complaint dated 26.06.2025 for suspension of the management on ground of misuse of managerial powers and various fraudulent acts till the question of validity of the election, in pursuance of the earlier complaint, is decided.

3. One of the grounds for challenge before the writ court to the constitution of the committees on basis of complaint made by respondent no.5 was that respondent no.2 was not having any power to sit over the orders of the Additional Director of Education and Chief Election Officer, Haridwar dated 28.01.2025 and 05.02.2025 respectively, recognizing the elections.

4. The learned Single Judge has held that, in fact, the complaint made by the private respondent by way of an appeal was with regard to the correctness of the order of approval of the election by the Additional Director of Education, and the said question can always be examined by the higher authority, i.e. the Director. The learned Single Judge has referred to the Full Bench judgment of the Allahabad High Court in “Committee of Management, Pandit Jawaharlal Nehru I nter College, Bansgaon & another vs. Deputy Director of Education, Gorakhpur & others”, reported in 2004 SCC OnLine All 1107

5. Learned counsel for the appellant contends that, in the present case, there was no dispute of rival committees and the appellant- Committee of Management is the only Committee, who claim to have been elected. He further submits that in such circumstances, there was also no dispute in relation to actual control of the affairs of the Institution and consequently, Section 29(7) would not get attracted, nor the law laid down by the Full Bench, regarding scope of power under Section 16-A(7) of the U.P. Intermediate Education Act, pari materia with Section 29(7) of the Uttarkhand School Education Act . He further submits that the said dispute can only