HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE SRI JUSTI CE MANOJ KUMAR TI WARI Writ Petition No. 1920 of 2025 (MS)

Jagmeet Singh --Petitioner Versus State of Uttarakhand and others -Respondents ----------------------------------------------------------------------

Advocates: Mr. Dushyant Mainali, Advocate for the petitioner Mr. N.K. Papnoi, Standing Counsel for the State ----------------------------------------------------------------------

JUDGMENT

1. Petitioner claims to be member of General Body of a Society, which is registered with the Registrar of Societies in the name and style of “Shri Guru Teg Bahadur Senior Secondary Public School”. Reportedly, the Society runs two educational institutions, namely, Shri Guru Teg Bahadur Senior Secondary Public School and Khalsa National Girls Inter College, both at Haldwani, district Nainital.

2. By means of this writ petition, petitioner has sought the following relief:

“i. Issue a writ, order or direction in the nature of mandamus directing the respondent authorities to forthwith initiate the process for conducting the elections of Committee of Management of Shri Guru Teg Bahadur Senior Secondary School, Haldwani and complete the election process within the time, as stipulated by this Hon’ble Court.”

3. Learned counsel for the petitioner submits that election for constituting Committee of Management of Shri Guru Teg Bahadur Senior Secondary Public School, has not been held since last more than 12 years and authorized controller appointed in 2012 is managing the affairs of both the above mentioned educational institutions.

4. Learned counsel for petitioner submits that as per the provision contained in Section 33 of Uttarakhand School Education Act, 2006, term of Committee of Management is 3 years. He refers to Section 30 (2) of the Uttarakhand School Education Act, for submitting that holding of regular election is a statutory duty cast upon the authorities. He submits that in the present case, election for constituting committee of management has not been held since last more than a decade and authorized controller is continuing for last more than 12 years, although appointment of authorized controller is only a stop-gap arrangement, which is to continue only till holding of fresh election.

5. Learned counsel for the petitioner further submits that there is no legal impediment in holding election for reconstituting Committee of Management; therefore, inaction on the part of the authorities in holding election is without any reason or justification whatsoever. He also refers to a letter issued by Deputy Registrar, Firms, Societies and Chits, Haldwani whereby City Magistrate, Haldwani/Authorized Controller was requested to hold election for reconstituting Committee of Management of both the aforesaid schools as early as possible. The said letter is on record as Annexure-12 to the writ petition.

6. In that letter, opinion given by Sub DGC (Civil) has been referred, according to which there is no legal impediment in holding election to reconstitute Committee of Management of the aforesaid two educational institutions.

7. Continuance of authorized controller for indefinite period of time is not desirable. It is also contrary to the scheme of Uttarakhand School Education Act. It should be the endeavour of the competent authority to hold election at regular intervals for reconstituting Committee of Management of every educational institution as per the relevant statutory provisions, unless there is some legal impediment in doing so.

8. In this writ petition, petitioner has sought a writ of mandamus, seeking direction to the concerned authorities to initiate election process.

9. Having regard to the relief sought by petitioner, this Court thinks that ends of justice would be met if the writ petitioner is permitted to make representation to the competent authority for initiating election process for reconstituting Committee of Management of Shri Guru Teg Bahdur Senior Secondary Public School.

10. The