Uttarakhand High Court
WPMS/2441/2021 on 10 December, 2021
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 10TH DAY OF DECEMBER, 2021
BEFORE:
HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
WRIT PETITION (M/S) No. 2441 of 2021
BETWEEN:
Suresh Chandra Upreti & another. .......Petitioners
AND:
State of Uttarakhand & others. ....Respondents
with
WRIT PETITION (M/S) No. 2588 of 2021
WRIT PETITION (M/S) No. 2585 of 2021
(By Mr. K.P. Upadhyaya, Senior Advocate, assisted by Mr.
Hemant Pant, Advocate for the petitioners in WPMS No. 2441
of 2021, Mr. Sandeep Tiwari, Advocate for the petitioner in
WPMS No. 2588 of 2021 & Mr. Alok Mahra, Advocate for the
petitioner in WPMS No. 2585 of 2021)
(Mr. T.S. Phartiyal, Additional C.S.C. and Mr. M.S. Bisht, Brief
Holder for the State of Uttarakhand, Mr. Suhaas Ratna Joshi,
Advocate for respondent no. 7 in WPMS No. 2441 of 2021)
JUDGMENT
Since common questions of fact and law are
involved in these writ petitions, therefore these petitions
are clubbed together and are being heard & decided
together. However, for the sake of convenience, facts of
WPMS No. 2441 of 2021 are being considered.
2. Petitioner no. 2 is a Member of Uttarakhand
State Primary Teachers' Association; while, petitioner no. 1
has been removed from membership of aforesaid
Association, which is registered under Societies
Registration Act, 1860. In this writ petition, petitioners
have challenged the orders dated 28.10.2021 passed by
State Government and also the order dated 01.11.2021
passed by Director, Elementary Education. By the order
dated 28.10.2021, State Government had directed the
Director, Elementary Education to hold election for
Uttarakhand State Primary Teachers' Association, in terms
of bye-laws, as per latest voter list. By the order dated
01.11.2021, Director, Elementary Education cancelled the
election process, initiated in terms of Government Order
dated 03.08.2021, for constituting Committee of
Management of the State Unit of aforesaid Association.
3. It transpires that petitioner no.1 had made
representation to the Registrar against the last elections
held for the State Working Committee in the year 2018.
Registrar decided said representation vide order dated
01.05.2021. In the said order, Deputy Registrar, Firms
Societies & Chits held that election held in the year 2018
for constituting State Working Committee was not in terms
of registered bye-laws of the Society, therefore, a direction
was issued to the Society to conduct fresh election for
constituting State Working Committee as per the
registered bye-laws. Accordingly election process was
initiated. After initiation of election process,
representations were made by Members of the Association
raising the issue of voter list. Constitution of Coordination
Committee by the State Government for assisting the
Election Officer was also questioned by some Members
and, based on the representations, Director, Elementary
Education cancelled the entire election process. In Writ
Petition (M/S) No. 2441 of 2021, petitioners have
challenged cancellation of election process.
4. Writ Petition (M/S) No. 2588 of 2021 has been
filed, seeking a direction to respondents to conduct
election in terms of the registered bye-laws of the society
and to give voting right to all persons, who were inducted
as member, upto the year 2021. In Writ Petition (M/S) No.
2585 of 2021, petitioner has challenged constitution of
Coordination Committee by the State Government vide
order dated 03.08.2021 and also the consequential order
dated 03.09.2021 passed by Director, Elementary
Education and a direction has been sought to Director,
Elementary Education to hold election as per current voter
list in terms of registered bye-laws. Thus, all the three
writ petitions arise out of same cause of action.
5. There is no dispute that Registrar, Firms
Societies & Chits declared the last election, held in 2018,
as contrary to bye-laws and directed the Society to hold
fresh election as per registered bye-laws. However, the
order passed by Registrar is absolutely silent about the
person/persons, who will be responsible for holding the
election. It is contended by the petitioners that in the
registered bye-laws of the society, there is no provision for
constitution of Co-Ordination Committee as was
constituted pursuant to order passed by the State
Government. It has also come on record that there is no
unanimity amongst the Members of Co-ordination
Committee, who are taken from 13 districts of the State,
regarding the voter list based on which, elections are to be
held. Thus, according to the petitioners holding of free and
fair elections would not be possible unless these issues
were resolved.
6. The concern expressed by the petitioners
appears to be well-founded. Since there is a dispute
regarding the voter list based on which elections are to be
held and the order passed by Registrar is silent on this
aspect, therefore, this Court thinks that ends of justice
would be met, if petitioners are permitted to approach the
Registrar by making representation with a direction to the
Registrar to take appropriate decision in the matter. In the
absence of elected State Working Committee, holding of
free and fair election would not be possible, therefore, it
would be desirable, if Registrar considers appointing an ad-
hoc committee for a specified time, which shall be made
responsible for holding free and fair elections to the State
Working Committee.
7. Having regard to the aforesaid facts and
reasons, the writ petitions are disposed of with liberty to
petitioners to approach the Registrar by making
representation. If such representation is made by the
petitioners within two weeks from today, the
Registrar/Assistant Registrar Firms Society and Chits shall
examine the matter and pass appropriate order, in
accordance with law within six weeks from the date of
receipt of representation alongwith certified copy of this
order.
8. Interim order, if any, stands vacated.
(MANOJ KUMAR TIWARI, J.)
Arpan
