Manoj Kumar Tiwari, J
1. Petitioner is a Member of General Body of the Society, which runs Janta Inter College, Farsali, District Bageshwar.
2. According to the petitioner, last election for constituting Managing Committee of the institution was held in July, 2017 and term of the said Managing
Committee expired in July, 2020 and, thereafter, no election has been held and day-to-day affairs of the College are being looked by the Authorized
Controller appointed by the Director.
3. By means of this writ petition, petitioner has sought the folloaawing relief:-
“1- A writ, order or direction in the nature of mandamus directing the respondent no. 2 & 3 to conduct the election of the committee of
management as per the scheme of Administration of the institution sanctioned under Uttarakhand School Education Act, 2006 as well as its regulation,
2009.â€
4. Admittedly, Janta Inter College, Farsali, District Bageshwar is a Government Aided Institution, in which State Government is providing funds for
payment of salary to Teachers and other employees of the Institution.
5. It is not in dispute that, as per the Scheme of Administration of the Society, term of Managing Committee is three years and new Managing
Committee has to assume charge after expiry of term of the outgoing Managing Committee and Authorized Controller, if appointed, is under a duty to
hold elections as early as possible to ensure that an elected Managing Committee is put in place to look after the affairs of the Institution.
6. Learned State Counsel was asked to get instructions, as to whether there is any legal impediment in holding elections for constituting Managing
Committee of Institution. Today, on instructions, Mr. M.S. Bisht, learned State Counsel submits that there is no legal impediment in holding elections.
7. Since the term of the outgoing Managing Committee expired in June, 2020 and more than 16 months have gone by upon expiry of the term,
therefore, having regard to the facts and circumstances of the case, the writ petition is disposed of with the following directions:-
(i) Authorized Controller shall get advertisement published in two newspapers for inviting applications from eligible persons for induction as member of
the society within three weeks.
(ii) Competent Authority shall thereafter prepare a voter list within next three weeks.
(iii) Competent Authority shall fix a date for election at the earliest, but not later than two weeks from the date of preparation of voter list.
(iv) Authorized Controller shall handover charge to the newly elected Managing Committee, within 5 seven days from the date of declaration of result
of election.
