JUDGMENT Hon’ble Sudhanshu Dhulia, J. (Oral) Present writ petition has been filed by the Committee of Management of Inter College, Dhamkeshwar, Pauri Garhwal, which was elected in November, 2010 for a tenure of three years, from the date of the first meeting which was held on 10th November, 2010 and the term expired on 17th November, 2013. However on completion of the term the Committee started writing to the Education authorities to conduct the election of the Management Committee but in vain. Subsequently, petitioner filed present writ petition seeking mandamus from this Court to take due process of law and holding election of the Committee of Management. Impleadment application has also been filed on behalf of certain applicants, claiming to be necessary party in the present writ petition who are represented by Sri Navneesh Negi, Advocate. 2. Fact of the matter is that the Committee of Management, which was elected in the year 2010, for some reasons an Authorized Controller taking away the power of the Committee of Management of the said Institute was appointed on 07.06.2011 and by an order dated 17.04.2013 the order dated 07.06.2011 was recalled. The petitioner contends that even after the Authorized Controller was removed, he refused to give charge and not only this, after the order dated 17.04.2013, the charge was given to the Management as late as on 19.05.2013 and the Authorized Controller also inducted certain new members in the Committee which issue is also before this Court. 3. As far as the induction of new members of the Committee of Management is concerned, there is no power to the Authorized Controller to induct any new members when its term had come to an end. 4. Learned counsel for the applicants/new members Mr. Navneesh Negi has argued that the Authorized Controller has got all the powers of the Committee of Management, in view of Section 46 (4) of Uttarakhand Education Act,2004 and even for induction of new members of the general body. Section 46 (4) reads as under:- “46 (4). 4. Learned counsel for the applicants/new members Mr. Navneesh Negi has argued that the Authorized Controller has got all the powers of the Committee of Management, in view of Section 46 (4) of Uttarakhand Education Act,2004 and even for induction of new members of the general body. Section 46 (4) reads as under:- “46 (4). On an order being made under sub-section (3) the Authorized Controller shall, to the exclusion of the management and subject only to the directions, if any, of the Regional Additional Director of Education the Director or the State Government, exercise all the powers and perform all the functions of the management, including management of the property belonging to or vested in the institution receiving maintenance grant from the State Government, and in particular, operate singly the bank account referred to in Section 45: Provided that nothing in this section shall be construed to confer or the Authorized Controller the power to transfer any such property (except by way of letting from month to month in the ordinary course of management) or to create any charge thereon (except as a condition of receipt of an grant-in-aid of the institution from the State Government).” 5. Undoubtedly, it is true that once an Authorized Controller is appointed, he has got the powers of Committee of Management. But the power to induct new members of the general body travels beyond the powers of the Authorized Controller as new member can only be admitted when there is a “meeting of minds” of the elected members of the Committee, who are authorized to induct new members. This act cannot be done by an authorized controller. 6. The writ petition is, therefore, disposed of with the direction to the Additional Director (Education), Garhwal Region, Pauri to immediately, without delay, appoint Authorized Controller for the Institute who shall thereafter conduct the election of Management Committee. It is made clear that any member which has been inducted by the Authorized Controller shall have no voting rights, and their membership shall be subject to the decision/approval of the newly elected Management Committee.