Mohit Kumar Garg vs Vice Chancellor, Hemwati Nandan Bahuguna Garhwal University & Others

Manoj Kumar Tiwari, J

By means of this writ petition, petitioner has sought following reliefs:-

(i) Issue a writ, order and direction in the nature of mandamus commanding the respondent no. 1 & 3 to declare the election held on 21.03.2021 as

illegal.

(ii) Issue a writ, order or direction in the nature of mandamus commanding the Respondent no. 1 & 3 to decide the representations dated 18.03.2021

& 03.04.2021 of the petitioner annexed as Annexure No. 5 & 8 to this petition.

According to the petitioner, he is a member of Kanahiya Lal D.A.V. (P.G.) College Management Committee, Roorkee. According to him, the

Committee of Management, which has been elected in the last election held on 21.03.2021, cannot be permitted to function to certain illegalities.

After arguing for a while, Mr. S.K. Jain, learned Senior Counsel appearing for the petitioner confines his prayer and submits that petitioner has

made a representation on 03.04.2021 to Vice Chancellor, Hemwati Nandan Bahuguna Garhwal University, who may be directed to take decision on

petitioner’s representation.

Dr. Kartikey Hari Gupta, learned counsel appearing for the University assures the Court that if petitioner’s representation is pending then

decision shall be taken thereupon by the Competent Authority at the earliest.

Accordingly, the writ petition is disposed of with a direction to respondent no. 1 â€" Vice Chancellor, Hemwati Nandan Bahuguna Garhwal

University to consider petitioner’s representation (annexure no. 8 to the writ petition) and take appropriate decision, in accordance with law, within

four months from the date of production of certified copy of this order along with copy of representation. While taking decision, Vice Chancellor shall

give reasonable opportunity of hearing to all the stakeholders, including members of the newly elected committee of Management.