2026:UHC:1244-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE SRI MANOJ KUMAR GUPTA AND HON’BLE SRI JUSTICE SUBHASH UPADHYAY 24TH FEBRUARY, 2026 SPECIAL APPEAL No. 189 OF 2025 Sita Ram Pokhriyal. …Appellant Versus Director Elementary Education and others. …Respondents Counsel for the appellant. : Mr. Parikshit Saini and Mr. Pankaj Chaturvedi, learned counsel for the appellant. Counsel for respondent nos. 1 & 2. : Mr. Puran Singh Bisht, learned Additional Chief Standing Counsel for the State of Uttarakhand. Counsel for respondent no. 4. : Mr. Ankit Bisht, learned counsel holding brief of Mr. Vinay Kumar, learned counsel. JUDGMENT : (per Sri Manoj Kumar Gupta, C.J.) 1. The present intra-court appeal is directed against the order dated 02.07.2025, passed by the learned Single Judge in Writ Petition (M/S) No. 1947/2025, whereby the Writ Petition filed by the appellant, challenging an order dated 18.06.2025 of the Election Officer, Education Ministerial Officer’s Association, for recounting of the votes for the election on the post of President of the Association, was rejected. 2. The learned Single Judge has observed that the appellant could not show any provision under the by-laws of 1 2026:UHC:1244-DB the Association, under which election is held, whereby recounting is permissible. The learned Single Judge has further observed that, at the time of counting of the votes, the agent of the appellant did not raise any objection, with regard to any vote that was cast and counted. 3. Learned counsel for the appellant states that respondent no. 4-Pushkar Singh Bhaisda, who was elected as President, and in respect of whose election the Writ Petition was filed, had died after the order of the learned Single Judge. 4. As the person, who has been elected as President, and in respect of whose election the prayer was made for recounting of votes, has already died, therefore, nothing survives in the instant intra-court appeal. Accordingly, the instant intra-court appeal is dismissed as infructuous. 5. Learned counsel for the appellant has invited our attention towards Clause No. 12 of the By-laws, according to which, in case any vacancy arises, the Executive Council is empowered to fill the vacancy for the remainder of the term. He submits that there is apprehension that the Executive Council, exercising power under Clause 12 of the By-laws, would elect some other person as President. 2 2026:UHC:1244-DB 6. In case any other person is elected as President, it shall always be open to the appellant to challenge the said election in appropriate proceedings. 7. All pending applications stand disposed of accordingly. ______________________ MANOJ KUMAR GUPTA, C.J. ___________________ SUBHASH UPADHYAY, J. Dt: 24th February, 2026 Rahul 3 RAHUL PRAJAPATI Digitally signed by RAHUL PRAJAPATI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=aa4fa3bee6691397758b14516ed3e 66e61bf4c848741983ed8c39e4145cf1dab, postalCode=263001, st=UTTARAKHAND, serialNumber=303B55CC3063D34AC45BF8A 192FCAD15C390A1AAD7B39857D2540AE4C 28A4898, cn=RAHUL PRAJAPATI Date: 2026.02.24 17:53:09 +05'30'