WPMS/1193/2021
2021 Latest Caselaw 2060 UK

IN THE HIGH COURT OF UTTARAKHAND
           AT NAINITAL
            ON THE 25TH DAY OF JUNE, 2021
                        BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
       Writ Petition (S/S) No. 1193 of 2021
BETWEEN:
Mohit Kumar Garg                               ...Petitioner
     (By Mr. S.K. Jain, Senior Advocate assisted by Mr.
     Siddhartha Jain, Advocate)

AND:
Vice Chancellor, Hemwati Nandan Bahuguna
Garhwal University & others        ... Respondents

     (By Dr. Kartikey Hari Gupta, Advocate)

                      JUDGMENT

1. By means of this writ petition, petitioner has sought following reliefs:-

(i) Issue a writ, order and direction in the nature of mandamus commanding the respondent no. 1 & 3 to declare the election held on 21.03.2021 as illegal.

(ii) Issue a writ, order or direction in the nature of mandamus commanding the Respondent no. 1 & 3 to decide the representations dated 18.03.2021 & 03.04.2021 of the petitioner annexed as Annexure No. 5 & 8 to this petition.

2. According to the petitioner, he is a member of Kanahiya Lal D.A.V. (P.G.) College Management Committee, Roorkee. According to him, the Committee of Management, which has been elected in the last election held on 21.03.2021, cannot be permitted to function to certain illegalities.

3. After arguing for a while, Mr. S.K. Jain, learned Senior Counsel appearing for the petitioner

confines his prayer and submits that petitioner has made a representation on 03.04.2021 to Vice Chancellor, Hemwati Nandan Bahuguna Garhwal University, who may be directed to take decision on petitioner's representation.

4. Dr. Kartikey Hari Gupta, learned counsel appearing for the University assures the Court that if petitioner's representation is pending then decision shall be taken thereupon by the Competent Authority at the earliest.

5. Accordingly, the writ petition is disposed of with a direction to respondent no. 1 - Vice Chancellor, Hemwati Nandan Bahuguna Garhwal University to consider petitioner's representation (annexure no. 8 to the writ petition) and take appropriate decision, in accordance with law, within four months from the date of production of certified copy of this order along with copy of representation. While taking decision, Vice Chancellor shall give reasonable opportunity of hearing to all the stakeholders, including members of the newly elected committee of Management.

(MANOJ KUMAR TIWARI, J.) Aswal