Uttarakhand High Court
WPMS/2727/2021 on 22 December, 2021
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 22ND DAY OF DECEMBER, 2021
BEFORE:
HON'BLE SHRI JUSTICE MANOJ K. TIWARI
Writ Petition (M/S) No. 2727 of 2021
BETWEEN:
Alam Singh Rawat ... Petitioner
(By Mr. B.D. Upadhyaya, Senior Advocate assisted by Mr.
Sunil Upadhyaya, Advocate)
AND:
Additional Director of Education
& others ... Respondents
(By Mr. G.S. Negi, Additional C.S.C. for the State of
Uttarakhand and Mr. Sandeep Kothari, learned counsel
for respondent no. 3)
JUDGMENT
1. According to the petitioner, he is member of
General Body of a Society, which runs Inter College
Kimsar, District Pauri Garhwal. Since no election was
held in the said society for constituting Committee of
Management since 2010, therefore, petitioner filed
WPMS No. 31 of 2021 seeking direction to the
Competent Authority to induct members to General
Body of the Society and also to hold elections, as per
law. The said writ petition was disposed of and the
authorities were directed to initiate and complete
election process in time bound manner.
2. Pursuant to the direction issued in the
aforesaid writ petition, elections have now been held
and the new Committee of Management has been
constituted. In this writ petition, petitioner has
challenged the order dated 27.10.2021 passed by Chief
Education Officer, Pauri Garhwal, whereby newly
elected Committee of Management was approved.
3. It is contended on behalf of the petitioner
that since registration of the Society had expired in the
year 2016, therefore, no election could have been held,
without renewal of its registration.
4. This Court asked learned Senior Counsel
appearing for the petitioner to show the relevant
provision, which forbids holding of elections upon expiry
of registration. However, learned Senior Counsel was
not able to place any such provision before this Court.
5. In the humble opinion of this Court, the
ground taken by the petitioner for questioning the
election process cannot be sustained, as registration of
a Society can be renewed only when the Committee of
Management is put in place. If petitioner's contention is
accepted, then a Society will become defunct for all
practical purposes upon expiry of its registration.
6. In such view of the matter, there is no scope
for interference with the impugned order.
7. Mr. Sandeep Kothari, learned counsel
appearing for respondent no. 3 assures the Court that
since new elected Committee of Management is in
place, therefore, new Committee will apply for renewal
of registration to the Registrar within ten days from
today.
8. In such view of the matter, the writ petition is
disposed of by taking the statement made by Mr.
Sandeep Kothari on record.
(Manoj Kumar Tiwari, J.)
Aswal
