Uttarakhand High Court

Pushpesh Sanga v. State of Uttarakhand

2026:UHC:5984 · WPMS/2144/2026

Decision date
2026-07-17
Text availability
Full text
Judges
Manoj Kumar Tiwari

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Judgment text

UKHC010123582026 2026:UHC:5984 Office Notes, reports, orders or proceedingsSL. Date or directions COURT’S OR JUDGE’S ORDERSNo. and Registrar’s order with Signatures WPMS/2144/2026 Pushpesh Sanga --Petitioner Versus State of Uttarakhand --Respondent Hon'ble Manoj Kumar Tiwari, J. Mr. Nitin Tewari, Advocate for the petitioner. 2. Mr. Yogesh Pandey, Deputy Advocate General for the State of Uttarakhand. 3. By means of this writ petition, petitioner has sought the following reliefs:- “i) Issue a writ of mandamus to quash the impugned order 01.07.2026 passed by respondent no.3 (Contained as Annexure No.5 to this writ petition at page no. 44 to 45). ii) Issue a writ order or direction in the nature of mandamus to quash the impugned order dated 03.07.2026 issued by respondent no.2 (Contained as Annexure No.6 to this writ petition at page no. 46 to 48) iii) Issue a writ order or direction in the nature of mandamus commanding and directing the respondents to issue a fresh election program notifying the elections for Block level, District level, Division level and State level simultaneously on one and single day as per Clause 6 (M+) of Government Teachers Union Election Regulation 2023/2026 Annexure No.1 to the writ petition). (contained as Annexure No. 1 to the writ petition)

iv) Issue a writ order or direction in the nature of mandamus commanding the respondents to not to proceed with the election process of the Government Teacher's Union, Uttarakhand in violation of its own constitution.” 4. Petitioner is challenging the election programme notified with the joint UKHC010123582026 2026:UHC:5984 signatures of State President and State General Secretary of Rajkiya Shikshak Sangh Uttarakhand. As per the said programme, election is to be held on 18.07.2026. Petitioner contends that although he is member of Rajkiya Shikshak Sangh, however, he applied for renewal of membership after notification of election programme, therefore, he would be deprived of his right to contest the election. Thus, it is contended that the election programme be set aside and the authorities be directed to notify fresh election programme so that anyone who renews his membership in the month of July is also able to participate in the election. 5. This Court is not inclined to grant the relief, as prayed for. The Rajkiya Shikshak Sangh is registered as a society under Societies Registration Act and the dispute raised by petitioner has to be resolved as per its byelaws. Law is well settled that the byelaws of the societies are not law and therefore are not enforceable in a court of law. If petitioner has any grievance, then the proper remedy for him is to approach a competent authority.

6. The writ petition is, accordingly, dismissed with liberty to petitioner to approach the competent authority. (Manoj Kumar Tiwari, J.) 17.07.2026 Navin CHANDRAUTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, st=UTTARAKHAND,OFNAVEEN CHANDRA DigitallyDN:2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82a131bb4e4403d3c0a15,postalCode=263001,serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56D653D095C6ED9A86DAAB21CE5,Date:c=IN,cn=NAVEEN2026.07.17signedo=HIGHby17:39:44CHANDRACOURTNAVEEN +05'30' UKHC010123582026 2026:UHC:5984