Harish Chandra Devrari vs State Of Uttarakhand And Others
2026 Latest Caselaw 1079 UK

Uttarakhand High Court

Harish Chandra Devrari vs State Of Uttarakhand And Others on 16 February, 2026

Author: Pankaj Purohit

Bench: Pankaj Purohit

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                                  WPMS No.343 of 2026
                                  Harish Chandra Devrari                                    ...........Petitioner
                                                              Vs.
                                  State of Uttarakhand and others                         ...........Respondents

                                  Hon'ble Pankaj Purohit, J.

Mr. D.S. Mehta, Advocate for the petitioner.

2. Mr. Suyash Pant, S.C. for the State.

3. This writ petition has been filed under Article 226 of the Constitution of India, whereby the petitioner has put to challenge the election of the Committee of Management of Hatkalika, Inter College, Bindukhatta, Post Office-Lalkuan, District-Nainital and also sought a mandamus directing the respondent-Authority not to give approval to the newly elected Committee of Management on the basis of election held on 07.01.2026 on the basis of grounds highlighted in the writ petition.

4. Learned counsel for the petitioner submitted that the petitioner is the Chairman of the earlier Committee of Management of the said Institution. There was some dispute found in the Committee of Management which resulted into appointment of Authorized Controller by the respondent- State.

5. According to the petitioner under the supervision of the Authorized Controller the election of the Committee of Management was held in the year 2022, but approval was not given to the person elected in the said selection.

6. As a result, a Writ Petition (M/S) No.419 of 2023 was filed by the petitioner for a direction to the respondent-State to give approval for election.

7. During pendency of the aforesaid Writ Petition (M/S)

No.419 of 2023 in which a direction was issued to the Authorized Controller to consider the prayer of petitioner for grant of approval to the election vide order dated 20.02.2023, annexure no.2 to the writ petition. Respondent no.3 refused the approval to the election of the Committee of Management which resulted into filing of the Writ Petition (M/S) No.3765 of 2025 in which the counter affidavit was called.

8. The respondent-State did not file counter affidavit to the said writ petition, but initiated the new election of the Committee of Management. The new election was held on 07.01.2026. The petitioner is apprehending that the approval to Committee of Management elected in the election may be given at any time by the respondent- Authorities which render the writ petition filed by the petitioner infructuous.

9. Issue notice to the respondent nos.5 and 6, returnable within four weeks.

10. Steps to be taken within three days.

11. List this case on 08.04.2026 along with WPMS No.3766 of 2025.

12. In the meantime, it is provided that respondent no.3- Chief Education Officer, School Education, Nainital, shall not give approval to the Committee of Management elected vide election dated 07.01.2026.

(Hon'ble Pankaj Purohit, J.) 16.02.2026 SK