TN Medical Council Elections: HC asks State to file Affidavit on plea challenging revamping order

Chennai: The Madras High Court on Thursday has asked the State Government for filing a report stating whether an ordinance could be passed for holding Tamil Nadu Medical Council (TNMC) elections, since the tenure of the council comprising seven members ends in February.

Further, the first bench of HC comprising Acting Chief Justice T Raja and Justice B Bharatha Chakravarty has asked the State to file an affidavit on January 23 addressing the decision of the Single judge bench for amending the Madras Medical Registration Act, 2014.

These directions were issued by the Court while considering the plea filed by Tamil Nadu Medical Council (TNMC) which challenged the order of the Single Judge staying the polls for three months until the Madras Medical Registration Act, 1914 was revamped.

Medical Dialogues had earlier reported that Madras HC had directed the State Government for revamping the "archaic" Madras Medical Registration Act, 1914, which was still being used for conducting polls and to appoint office bearers. Issuing directions to the State for revamping the old act within three months, the HC bench comprising Justice R Subramaniam had directed TNMC for deferring the elections till that time.

It was claimed before the HC that the Council was still relying on the "archaic" Act for conducting the polls. As per Section 5(1), among the 15 members of the Council, one was to be elected by the Senate of the Madras Medical University, one from the Senate of the Andhra University, one had to be a practicing doctor from Vishakapatnam Medical College.

Taking note of this, the Court had observed that the reference to these was because of the Act, which was formulated before the linguistic division of the State. Therefore, opining that there was a need for a complete revamp, the HC bench orally remarked, "How can you conduct elections with such archaic rules? This was for Madras presidency. Change the rules and then conduct elections."

Also Read: Archaic Madras Medical Registration Act to be revamped, Medical Council elections deferred by 3 months

However, the order of the Single Judge bench was challenged by the Council. As per the latest media report by The New Indian Express, TNMC counsel Vijay Narayan argued, “The state government had consented to bring in a new legislation, but it is impossible to implement within a month’s time from now.”

Referring to this, the counsel for TSMC asked the Court to allow conducting election to only the seven members who will be chosen by the registered medical practitioners.

DTnext adds that the Council prayed to the court for setting aside the order revamping the 1914 Act as it referred to the fact that several people from the neighboring State of Andhra Pradesh were the members as per the Act.

It was submitted by the Council that the posts for elected representatives posts will expire on February 16 and around Rs 28 lakh have been spent for the elections. In this regard, the Council argued that the Act has no connection with the conduction of the elections.

However, the division bench argued that it could not grant such a prayer since the Single bench had held that the Act was archaic and therefore had ordered for a complete revamp.

The bench also questioned the Council, “The state is saying the existing law should not be used. Why are you (Medical Council) insisting on it? Had the state taken a stand such as yours, we would have understood, but how can you be anti-establishment?”

Also Read: Current Telangana State Medical Council is legally untenable, hold fresh elections for new council: HC