2025:UHC:9460 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/2928/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Harendra Belwal, Advocate for the petitioner. 2. Mr. S.S. Lingwal, Advocate for respondent nos. 1 & 2 through video conferencing. 3. By means of this writ petition, petitioner has sought the following relief:- “Issue a writ order or direction in the nature of mandamus commanding the respondent University, to declare the petitioner as an elected Member of Executive Council (dk;Z ifj’kn), Kumaon University Nainital and grant him consequential benefits.” 4. According to the petitioner, he contested election for becoming a Member of Executive Council of Kumaon University, however, he lost in the election and one Mr. Suresh Chandra Dalakoti was elected. Petitioner contends that since the election of Mr. Suresh Chandra Dalakoti as Member, Executive Council has been cancelled; therefore, petitioner is entitled to be declared elected as Member, Executive Council in place of Mr. Dalakoti. 5. Learned counsel for the petitioner, however, could not show any provision, which entitles a candidate who lost the election to be declared elected upon cancellation of election of one, who was declared elected. 6. Mr. S.S. Lingwal, learned counsel appearing for the University submits that the vacancy in the office of Member, Executive Council is going to be notified shortly and election process would be initiated and petitioner can contest 2025:UHC:9460 election, as and when the process is notified. 7. This Court finds substance in the submission made by learned counsel appearing for the University. 8. Since a vacancy has occurred in the office of Member, Executive Council, which has to be filled by election. If petitioner is eligible, then he can participate in the election process, as and when the process is notified, however, there cannot be any direction to declare petitioner elected as Member, Executive Council. 9. In such view of the matter, the writ petition fails and is dismissed. (Manoj Kumar Tiwari, J.) 28.10.2025 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82a131b b4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56D65 3D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.10.28 17:20:28 +05'30'