Utt HC | Elections at regular intervals is mandated by law; Court issues directions

Uttaranchal High Court: Manoj K. Tiwari, J., disposed of a writ petition while issuing directions which was filed by the member of General Body of a Society, which runs a Government Aided Inter College, namely, “Inter College Kimsar, Pauri Garhwal”.

Petitioner contended that last election to constitute Committee of Management was held in the year 2010 and term of elected Committee of Management had expired in 2013 and no elections were held thereafter, thus he was before the Court.

The Court reminded that Section 34(4) of Uttarakhand School Education Act, 2006 provided for the appointment of Authorized Controller and proviso to Section 34(4) provided 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, was an exception to the provision contained in the first proviso and it provided that in exceptional circumstances, the Authorized Controller may continue to function even after a period of five years.

The Court stated that Inter College Kimsar was a private educational institution, run by society and the college has to be managed by an elected Managing Committee, whose term would be three years and thus not holding elections was against the bye-laws of the society and duly approved Scheme of Administration of the college.

The Court disposed off the petition with directions of holding the elections.[Alam Singh Rawat v. Additional Director of Education,  2021 SCC OnLine Utt 45, decided on 07-01-2021]


Suchita Shukla, Editorial Assistant has put this story together

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