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2025:UHC:11600

IN THE HIGH COURT OF

UTTARAKHAND

AT NAINITAL

Writ Petition (MS) No. 2192 of 2024

Committee of Management. ………………… Petitioner.

Versus

Deputy Registrar Firms Society and Chits Collectorate

Compound and others.

……………Respondents.

With

Writ Petition (MS) No. 2267 of 2024

Jagtar Singh. ………………… Petitioner.

Versus

State of Uttarakhand and others.

……………Respondents.

With

Writ Petition (MS) No. 2300 of 2024

Committee of Management. ………………… Petitioner.

Versus

District Magistrate Udham Singh Nagar and others.

……………Respondents.

Present:

Mr. Vipul Sharma, learned counsel for the petitioners.

Mr. Pradeep Hairiya, learned Standing Counsel for the State.

Mr. K.P. Upadhyaya, learned senior counsel assisted by Mr. Lalit Sharma, learned

counsel for the respondents.

Hon’ble Mr. Justice Rakesh Thapliyal, J.

1. All these matters were heard at length on several dates

and the issue as involved relates to the election of Committee of

Management of a Society namely Shri Gurunanak Shiksha

Samiti.

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2. Admittedly, the then Committee of Management was

established and came into existence on 19.06.2019 and as per the

by-laws of the Society the term of the Committee of

Management is five years, which was expired on 18.06.2024. In

terms of the by-laws the then Committee of Management

commence the process of election by appointing the returning

officer in its meeting held on 26.03.2024 and the returning

officer in turn notified and published the election programme

on 05.04.2024.

3. As per the election program as notified the date of filing of

nomination was 06.06.2024 to 07.06.2024 from 10AM to 2 PM,

scrutiny of nomination was 08.06.2024, inviting objections on

09.06.2024 from 10 AM to 2 PM, disposal of objection on

10.06.2024 from 10 AM to 2 PM, withdrawal of nomination on

11.06.2024 from 10 AM to 2 PM, date of casting of vote was

23.06.2024 from 10 AM to 3 PM and counting of votes on

23.06.2024 at 4 PM.

4. In the meantime, some litigation came up before this court

and thereafter the election programme was rescheduled on

17.07.2024. There was objection on the appointment of the

returning officer Mr. Paramjeet Singh, who is the petitioner no.

2 herein, since he is real brother of Gurmeet Singh consequently

on complaint the Sub-registrar by communication letter dated

22.03.2024 intimate to the Chairman not to hold the meeting on

26.03.2024, despite this the meeting was held and the RO was

appointed. Though, there was objection on appointment of the

RO, however, the nomination were filed by the prospective

candidates in order to contest the election and after scrutiny

nomination papers of some of the candidates were rejected on

various grounds. One such nomination of Jagtar Singh was

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rejected on the ground that he has raised objection on the

appointment of the RO.

5. Prima-facie the rejection of nomination of Jagtar Singh

appears to be absurd though there was no defect in his

nomination. After rejection of the nomination the concerned

person whose nomination was rejected approached to the

Registrar for requesting to make a reference to the prescribed

authority on the ground that nomination was improperly

rejected and thereafter the prescribed authority passed an order,

directing the returning officer to accept their nomination which

is impugned in WPMS No. 2192 of 2024 filed by two persons

one through president of Committee of Management Dilraj

Singh and another one by Paramjeet Singh, who was appointed

as an Election Officer.

6. The order of prescribed authority was challenged on the

ground that the prescribed authority has no authority to

intervene in the matter by taking cognizance on the order

rejecting the nomination since it amounts to interference with

the election process. It has also been apprised to this court that

after the order of the prescribed authority instead of proceeding

with the election process the election officer suspended the

election. No doubt the prescribed authority has no authority to

examine the order rejecting the nomination papers since the

el