High CourtsSingle Bench(2010) 09 UK CK 0187

Sumit Kumar Sharma vs Kumaun University Nainital and Others

Uttarakhand High Court · Decided on 9 September 2010

HON’BLE JUDGES
Brahma Singh Verma, J
RESULT
Dismissed
CASE NUMBER
Writ Petition No. 1583 (M/S) of 2010

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Judgment

7 paragraphs · 198 words

B.S. Verma, J.—Heard Mr. M.K. Goyal, learned Counsel for the petitioner and Mr. B.D. Upadhyay, learned Counsel appearing on behalf of the respondent/Kumaun University.

2.

By way of this petition, the petitioner has mad e following prayers-

(i) To issue a writ in the nature of mandamus directing the respondents to open the resealed ballet boxes and recount the ballet papers (votes) casted for the post of Joint Secretary in the election held on 4-9-2010 in the campus of respondent No. 3, Sardar Bhagat Singh Post Graduate College, Rudrapur, U.S. Nagar.

(ii) To issue a writ in the nature of mandamus directing the respondents to declare the winning candidate elected for the post of Joint Secretary, after recounting.

3.

Learned Counsel for the university informed the court that ''Lyngdoh Committee'' has been constituted in compliance of the Hon''ble Supreme Court judgment and the said committee is competent forum to deal with the election disputes of the institution.

4.

I find that the petitioner has alternative remedy to approach the said forum, hence the petition is liable to be dismissed on this sole ground.

5.

The petition is dismissed on the ground of being an alternate with the petitioner.