Uttarakhand High Court
WPMS/2674/2021 on 15 December, 2021
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 15TH DAY OF DECEMBER, 2021
BEFORE:
HON'BLE SHRI JUSTICE MANOJ K. TIWARI
Writ Petition (M/S) No. 2674 of 2021
BETWEEN:
Committee of Management Sri Gurudwara
Prabandhak Committee ... Petitioners
(By Mr. S.K. Mandal, Advocate)
AND:
Commissioner Kumaon Division, Nainital
& others ... Respondents
(By Mr. M.S. Bisht, learned Brief Holder for the State of
Uttarakhand)
JUDGMENT
1. This writ petition has been filed by Committee
of Management Sri Gurudwara Prabandhak Committee
Sri Nanakmatta Sahib, Nanakmatta, District Udham
Singh Nagar.
2. According to the petitioner, term of the
Committee of Management is to expire on 21.12.2021
and as per bye-laws of the society, election process, for
constituting new Committee of Management, has to be
initiated four months before expiry of outgoing
Committee of Management. It is further contended on
behalf of the petitioner that the Committee of
Management had passed a resolution on 02.09.2021,
requesting the Divisional Commissioner to appoint
Election Officer, and thereafter on 22.09.2021, an
application was made to the Divisional Commissioner to
appoint Election Officer. Pursuant to the said
application, Divisional Commissioner had issued a letter
to District Magistrate, Udham Singh Nagar to appoint
an Election Officer and Election Officer was ultimately
appointed by District Magistrate, Udham Singh Nagar
on 24.09.2021.
3. Grievance of the petitioner, as canvassed in
the writ petition, is that despite appointment of Election
Officer, election process is not being commenced.
4. By means of this writ petition, petitioners
have sought following reliefs:-
(i) Issue a writ, order or direction in the nature
of mandamus directing and commanding the
respondents to conduct the general election
of the committee of management of the
Gurudwara Prabandhak Committee Sri
Nanakmatta Sahib Nanakmatta, District
Udham Singh Nagar expeditiously as possible
as early within a definite span of time.
(ii) Issue a writ, order or direction in the nature
of mandamus directing and commanding the
respondent no. 3 to take appropriate decision
on the representation dated 29.11.2021
made by the petitioner regarding the
compliance of the clause 6 of the
memorandum of association of the
Gurudwara Prabandhak Committee Sri
Nanakmatta Sahib, Nanakmatta, District
Udham Singh Nagar regarding the function of
the old existing committee of management,
till the completion of the present upcoming
election and continuance of the old
committee of management.
5. On the last date, learned Brief Holder for the
State was asked to get instructions in the matter.
Today, on instructions, Mr. M.S. Bisht, learned Brief
Holder for the State submits that election programme
would be notified latest by 27.12.2021.
6. Learned counsel for the petitioner submitted
that petitioner's grievance would be satisfied if the
election process is completed within four weeks from
the date of notification of election programme.
7. Since, District Magistrate has assured that
election programme would be notified latest by
27.12.2021, therefore, this Court hopes and expects
that process of electing new Committee of Management
would be completed within four weeks from
27.12.2021.
8. With the aforesaid observation, the writ
petition stands disposed of.
(Manoj Kumar Tiwari, J.)
Aswal
