New Returning Officer Appointed after SC Order, MMC Elections to Proceed Today

New Delhi: The Supreme Court on Tuesday ordered a stay on the much-awaited Maharashtra Medical Council (MMC) elections, observing that the returning officer did not meet the required criteria to hold the position. The apex court directed the state to immediately appoint a qualified candidate to oversee the elections.

In response to the court's order, the state government quickly appointed a new returning officer and confirmed that the polling will proceed as scheduled today.

The court's intervention came after a petition was filed by Dr. Sachin Pawar, who challenged the appointment of the previous returning officer, arguing that she did not meet the required rank of an undersecretary. 

A division bench of Justices Ahsanuddin Amanullah and Prashant Kumar Mishra, acknowledging the merit in his claim, put an immediate halt to the election process. However, the court also allowed the state to appoint a new returning officer to avoid further delays.

Also read- Maharashtra Medical Council Elections set for April 3

Responding promptly, the Maharashtra government appointed Sunil Dhonde, an undersecretary in the medical education department, as the new returning officer. However, the counting of votes will only take place after the Supreme Court hears the matter again on April 7.

“Following the Supreme Court order, we have appointed Sunil Dhonde, under secretary with the medical education department, as returning officer. Polling will be held as planned on Thursday, April 3,” a senior officer from the medical education department told Hindustan Times. 

Medical Dialogues recently reported that the much-anticipated Maharashtra Medical Council (MMC) elections are scheduled for Thursday, April 3. A total of approximately 1.30 lakh registered doctors across the state will cast their votes to elect nine members who will serve on the council and oversee the regulation of the medical profession for the next five years.

The elections will be conducted via a secret ballot at designated polling centres in each district, under the supervision of the district collector. In Nagpur, voting will be held at Hostel No. 3, situated near the dean's office at Government Medical College (GMC). The city will feature 16 polling booths, catering to the district's 7,670 registered medical professionals, including 3,941 male and 3,729 female doctors. Polling stations will be open from 8 a.m. to 5 p.m., allowing ample time for medical practitioners to participate in the election process.

As per the latest media report by Mid-day, the legal battle in this regard began when Dr Pawar approached the SC with the petition after it was rejected by the High Court. His senior counsel argued that the appointed returning officer did not meet the required criteria, which mandated that the position be held by someone of at least the rank of an undersecretary to the government. Instead, the role was assigned to the registrar of the Maharashtra Dental Council, who was initially appointed as the in-charge registrar of the MMC and, on the same day, designated as the returning officer. However, her appointment as acting registrar of the MMC was later withdrawn.

When the Supreme Court sought clarification from the Maharashtra government, the state’s counsel argued that the officer was on the same pay scale as an undersecretary. However, the petitioner’s senior counsel was unable to counter the argument made by the petitioner’s senior counsel that no specific equivalence was officially granted.

Finding merit in this argument, the Supreme Court stayed the election process, directing the state to appoint a new returning officer immediately to prevent further delays.

Within hours of the Supreme Court’s ruling, the Maharashtra government acted swiftly to resolve the issue. On Tuesday night, officials appointed Sunil Dhonde, an undersecretary in the medical education department, as the new returning officer. This move paved the way for polling to proceed as scheduled on April 3.

Despite the state government’s quick action, concerns have been raised over whether the election process should have been held without restarting the process.  

Dr. Sudhir Naik, former president and medico-legal chairperson of the Association of Medical Consultants, Mumbai, who had earlier petitioned the Bombay High Court on the same issue, questioned the fairness of the proceeding. He believes the appointment should have triggered a fresh start to the election cycle.

“Once the earlier appointment is set aside, all actions taken – including the electoral roll preparation and scrutiny – lose legal validity. Holding elections without restarting the process could go against the spirit of the Court’s order," he told HT. 

The Maharashtra Medical Council serves as a quasi-governmental and quasi-judicial body responsible for regulating medical practitioners across the state. With over two lakh registered doctors under its purview, the Maharashtra Medical Council plays a pivotal role in maintaining ethical medical standards, granting licences, investigating complaints, and ensuring scientific advancements in medical practice. The elected members will be responsible for making crucial decisions that impact both healthcare professionals and patients throughout Maharashtra.

Also read- Concerns Mount Over Maharashtra Medical Council Elections