Uttarakhand High Court
Mahadevi Kanya Pathshala College ... vs State Of Uttarakhand & Another on 8 January, 2015
Author: Alok Singh
Bench: Alok Singh
WPMS No.1796 of 2014 Hon'ble Alok Singh, J.
Mr. Neeraj Garg, Advocate for the petitioners.
Mr. A.K. Joshi, Addl. C.S.C. for the State/respondent no. 1.
Undisputedly, election of the Management Committee of the society was held on 23.02.2014, wherein new Management Committee was elected and Mr. Jitendra Singh Negi was elected as Secretary of the society; WPMS No. 122 of 2014 was filed seeking mandamus to conduct the fresh election of the office bearer of the petitioner society; WPMS No. 122 of 2014 came to be dismissed on 15.05.2014 saying that unless and until election held on 23.02.2014 is set aside no mandamus can be issued to hold fresh election.
Election held on 23.02.2014 has not been set aside as yet. Therefore, Management Committee elected in a Election held on 23.02.2014 is entitled to manage the affairs of the institution. Consequently, mandamus is issued to the respondent no. 2 Authorized Controller commanding him to handover the charge and Management of the institution to the petitioners forthwith.
Writ petition stands allowed accordingly.
(Alok Singh, J.) 08.01.2015 Deepak