WPMS/557/2025
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Uttarakhand High Court

WPMS/557/2025 on 5 March, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

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                           WPMS No.557 of 2025
                           With
                           Stay Application (IA) No.1 of 2025
                           Hon'ble Ravindra Maithani, J.

Mr. Pankaj Chaturvedi, Advocate for the petitioner.

Mr. Mahendra Singh Bisht, Brief Holder for the State/respondent nos.1 to 3. Heard.

Admit.

Learned Chief Standing Counsel takes notice on behalf of respondent nos.1 to 3. Issue notices to respondent nos.4, 5, 6 and

7. Steps to be taken within a week. Counter affidavits may be filed within four week.

Two weeks thereafter, rejoinder affidavit, if any, may be filed.

List for final hearing on 16.06.2025. Heard on Stay Application (IA) No.1 of 2025.

It is the case of the petitioner that 24 members were inducted in the Committee of Management, Public Inter College, Kutiyakhal, District Pauri Garhwal in the year 2022 when the elections were intended to be conduced and the petitioner made a complaint that those 24 members, who admitted on 25.01.2022 have no right to vote because they have not even inducted six months' prior to expiry of the term of the previous Committee of Management. It is argued that this contention of the petitioner was accepted, which was challenged in WPMS No.1684 of 2022, Sudhir Gussain and another vs. Secretary, Department of Education, State of Uttarakhand and others ("first writ petition") and an examination of the entire record as well as the Rules annexed to the application reveals that if a member is inducted and he has not paid the money six months' prior to the ongoing Committee of Management, then he shall not be entitled to participate in the election process. It is argued that now, based on the same judgment dated 16.02.2023, passed in the first petition, those 24 members are proposed to be inducted as voters also. Learned State counsel was required to get instructions.

Today, learned State counsel would submit that though instructions were sought, it has not been received.

Having considered this Court is of the view that in the instant matter, an interference is warranted. Till the next date of listing, the effect and operation of the impugned communication dated 04.02.2025, passed by the respondent no.3 shall remain in abeyance.

Stay Application (IA) No.1 of 2025, stands disposed of accordingly.

(Ravindra Maithani, J.) 05.03.2025 Sanjay