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2016 DIGILAW 333 (UTT)

Ranjit Singh Mehra v. State of Uttarakhand

2016-07-13

U.C.DHYANI

body2016
JUDGMENT : 1. By means of present writ petition, the petitioners seek the following reliefs, among others: “(a) Issue a writ, order or direction in the nature of certiorari to quash the impugned order dated 14.04.2016 issued by respondent no.3 (contained as Annexure No. 1 to this writ petition). (b) Issue a writ, order or direction in the nature of mandamus directing and commanding the respondent no. 3 and 4 to complete the second phase of election i.e. election of office bearers from the elected member of the Committee of Management in High Secondary School, Patharkhola, Almora as per the Scheme of Administration. (c) Issue a writ, order or direction in the nature of mandamus directing and commanding the respondent no. 6 to provide the sufficient police protection for conducting the second phase of election of the Committee of Management in High Secondary School, Patharkhola, Almora. ” 2. The facts, in brief, in the background of the present writ petition are that the election process for election of Committee of Management of Higher Secondary School, Patharkhola, Almora was going on. It was being held as per the schedule, but in the meanwhile, some local people opposed the election, whereby the election process was hampered. The respondent no. 3, fearing deterioration of law and order situation, cancelled the ongoing election process. Hence, the present writ petition. 3. If there is an apprehension of breach of peace and the elections are cancelled on such flimsy ground, without cogent reasons, the same shall be doomsday for democracy in India, for, a handful of hooligans can stop the election process, in any way they like, and keep themselves, or at whose behest such slogan shouting has been sponsored, intact to the seats of power. Apprehension of breach of peace cannot, therefore, be a ground for cancellation of scheduled elections, which are of paramount importance, in a country, run by ‘Rule of Law’. . 4. It is the statement of learned counsel for the petitioner that the election was going on as per the Scheme of Administration (annexure-3), which should be allowed to be completed. The impugned order (annexure-1), therefore, cannot sustain in the eye of law. 5. Writ petition is accordingly disposed of at the admission stage itself by setting aside the order impugned. 6. The impugned order (annexure-1), therefore, cannot sustain in the eye of law. 5. Writ petition is accordingly disposed of at the admission stage itself by setting aside the order impugned. 6. Respondent no.3 is, therefore, directed to complete the election process for the election of Committee of Management of Higher Secondary School, Patharkhola, Almora, in a manner known to law. 7. Since the writ petition is being decided without issuing notice to the respondent no. 5, therefore, liberty is granted to her to move for recall of this Order, if she feels aggrieved with the same. (Interim relief application also stands disposed of.)