WPMS/291/2021
2026 Latest Caselaw 1744 UK

Uttarakhand High Court

WPMS/291/2021 on 10 March, 2026

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

              Office Notes,
             reports, orders
             or proceedings
SL.
      Date    or directions              COURT'S OR JUDGE'S ORDERS
No.
             and Registrar's
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                               WPMS/291/2021
                               Hon'ble Manoj Kumar Tiwari, J

                                    Mr. M.C. Kandpal, Senior Advocate,
                               assisted by Mr. M.C. Pant & Mr. Devesh
                               Kandpal, Advocates for the petitioner.

                               2.  Mr.     Pradeep    Hairiya,   Standing
                               Counsel for the State of Uttarakhand.

                               3.   Mr. Ajay Veer Pundir, Advocate for
                               respondent no. 5.

4. Arya Vidya Sabha, Gurukul Kangri has filed this writ petition, challenging the order dated 25.01.2021, passed by Registrar, Firms, Societies and Chits. By the said order, the Deputy Registrar was asked to hold election for re-constituting Managing Committee of Arya Vidya Sabha, Gurukul Kangri, Haridwar, if there is no interim order coming in the way of holding election.

5. Perusal of the impugned order reveals that Deputy Registrar had issued a list of members of General Body of Arya Vidya Sabha, Gurukul Kangri, Haridwar, vide order dated 29.06.2020 and thereafter vide letter dated 29.12.2020, Deputy Registrar had sought guidance in the matter of holding elections. In that background, Registrar had asked the Deputy Registrar to hold election, if there is no legal impediment in doing so.

6. Every association of persons, which is registered under Societies Registration Act has to function as per its byelaws. The byelaws of Arya Vidya Sabha provide that elections for re-constituting Committee of Management shall be held at regular intervals.

7. Since the voter list was prepared by the Deputy Registrar in June, 2020, therefore, the direction issued by Registrar to hold election of Arya Vidya Sabha, Gurukul Kangri cannot be faulted. There is a presumption that every official act of a statutory authority will be strictly as per the applicable statute/byelaws, therefore, the apprehension expressed by the petitioner in this writ petition is unfounded.

8. Learned counsel appearing for respondent no. 5 submitted that Coordinate Bench passed an interim order on 04.02.2021, whereby effect and operation of the communication issued by Registrar on 25.01.2021 was kept in abeyance. He submits that on account of the said interim order, which is still continuing, no election could be held so far for re-constituting Committee of Management of Arya Vidya Sabha.

9. This Court do not find any reason to interfere with the inter-departmental communication issued by Registrar on 25.01.2021. The said communication does not affect any legal or vested right of the petitioner. Registrar, who is a statutory authority, cannot ask the Deputy Registrar not to hold election, when byelaws provide for holding election at regular intervals. The writ petition is wholly misconceived.

10. This Court in Writ Petition (M/S) No. 1725 of 2016 directed the competent authority to hold election for re- constituting Committee of Management of Arya Vidya Sabha, Gurukul Kangri within specified time frame, therefore, the present writ petition is also decided in terms of the order passed in Writ Petition (M/S) No. 1725 of 2016. The interim order dated 04.02.2021 is vacated.

(Manoj Kumar Tiwari, J) 10.03.2026 Navin NAVEEN

DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH

2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da8 2a131bb4e4403d3c0a15, postalCode=263001,

CHANDRA st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF 56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2026.03.10 19:13:14 +05'30'