Uttaranchal High Court: Manoj K. Tiwari, J., while allowing the present petition, issued directions for the conduct of elections in the institute in question, holding that, “Holding elections at regular intervals is mandated by law, to ensure that democratically elected Management Committee looks after the affairs of the college.”
Grievance of the petitioner is that last election to constitute Committee of Management was held in the year 2010 and term of elected Committee of Management expired in 2013 and no elections were held thereafter. Presently an Authorized Controller appointed by respondent 1, is looking after the affairs of the Inter College.
Court noted the relevant provisions of the Uttarakhand School Education Act, 2006 and said, “Section 34(4) of Uttarakhand School Education Act, 2006 provides for appointment of Authorized Controller and proviso to Section 34(4) provides that Authorized Controller shall not continue for a period exceeding five years in a school. The second proviso to Section 34(4) of the Act, however, is an exception to the provision contained in the first proviso and it provides that in exceptional circumstances, the Authorized Controller may continue to function even after period of five years… In the present case, last election was held in the year 2010 and thereafter no election has been held. Such state of affairs is against the byelaws of the society and duly approved Scheme of Administration of the college. Thus it is in the interest of all concerned that elections to constitute Management Committee are held at the earliest.”
While allowing the present petition, Court issued the following directions;
(i) Authorized Controller shall get advertisement published in two newspapers for inviting applications from eligible persons for induction as member of the society within two weeks.
(ii) Competent Authority shall thereafter prepare a voter list within next three weeks.
(iii) Competent Authority shall fix a date for election at the earliest, but not later than two weeks from the date of preparation of voter list.
(iv) Authorized Controller shall handover charge to the newly elected Managing Committee, within seven days from the date of declaration of result of election.[Alam Singh v. Additional Director of Education, 2021 SCC OnLine Utt 45, decided on 07-01-2021]
Sakshi Shukla, Editorial Assistant has put this story together