IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) No. 399 of 2010. 1. Virendra Singh Basera, S/O Late Sri Rajbhan Singh, R/O Village and P.O. Chakarpur, Khatima, District U.S.Nagar. 2. Narendra Singh, S/O Kalyan Singh, R/O Village Kutri, P.O. Chakarpur, Khatima, District U.S.Nagar. … Petitioners. Vs. 1. State of Uttarakhand through Secretary, Ministry of Secondary Education, Civil Secretariat, Dehradun. 2. Director School Education Uttarakhand, Nunur Khera, Dehradun. 3. Additional Director of Education, Kumaun Mandal, Nainital. 4. District Education Officer, Udham Singh Nagar. 5. Authorized Controller, G.B.Pant Inter College, Chakarpur, Tehsil Khatima, U.S.Nagar/Block Education Officer, Khatima, District U.S.Nagar. …Respondents. Date March 27, 2010. Hon’ble B.S.Verma, J. (Stay Application No. 1815 of 2010) Mr. Siddhartha Sah, Advocate, for the petitioners. Mr. K.P.Upadhyay, learned Additional Chief Standing Counsel for the State-respondents. The respondent no. 5-Authorized Controller is also present in person. Learned counsel for the petitioners files supplementary affidavit. The same is taken on record. Heard. By means of this writ petition, the petitioner has sought a writ in the nature of certiorari to quash the final list of life members of general body of G.B.Pant Inter College Chakarpur, Khatima, district U.S.Nagar, prepared by the authorized controller to conduct the election of the committee of management (Annexure-13 to the petition). This Court vide order dated 23-2-2010 passed in Writ Petition No. 203 of 2010(M/S) Gopal Singh Mehta Vs. State of Uttarakhand and others, (Annexure-9 to the petition) directed that 2 objections shall be invited against the tentative list of members and after hearing the objection, the authorized controller shall prepare final list on 23-3-2010. The final list has been prepared after hearing the objections by the Authorized Controller. Now the election is to be conducted on 29-3-2010. The Authorized Controller who is present in person along with the record has shown his inability to conduct the election on 29th March, 2010 and he requested that permission be given to hold the election on 30th March, 2010. The election shall be conducted by the Authorized Controller on 30th March, 2010. The earlier order dated 23-2-2010 passed in W.P.M.S. No. 203 of 2010 stands modified to that extent. Since the list has been prepared by the Authorized Controller on the basis of record of earlier election and the amount, which was deposited by the Members for their membership. The record has also been perused by the Court. According to the petitioners, the controversy remains that some of the persons have been included in the list showing life members although they are ordinary members. These are the disputed questions of fact and require evidence as to on the relevant date, what was the membership fee for life members and ordinary members. Neither any document has been filed before this Court nor before the Authorized Controller by the petitioners to support their contention. In the above facts and circumstances, the writ petition being devoid of merits is liable to be dismissed and is dismissed in limine. If after the election, the petitioners are aggrieved, they may file a civil suit in the competent court of jurisdiction, if so advised. Certified copy of this order be issued to the learned counsel for the parties today on payment of usual charges. (B.S.Verma,J.) RCP 3