HC junks PIL seeking Elections to West Bengal Medical Council
Kolkata: Observing that after the commencement of the election process the courts should not interfere with the procedure, the Calcutta High Court has recently dismissed a Public Interest Litigation (PIL) seeking direction to the State Government for taking necessary steps to selected / reselected Ad hoc Council Members in compliance with Section 5 of the West Bengal Medical Council (Temporary Suppression) Act, 1985.
Referring to an earlier order of the Supreme Court the bench held that, "In the matter of Shaji K. Joseph vs. V. Vishwanath and Others reported in (2016) 4 SCC 429, Hon'ble Supreme Court while considering the issue of election of the Member of Dental Council of India, has opined that whenever the process of selection starts, normally the Court should not interfere with the process of election for simple reason that if process of election is interfered with by the Courts, possibly no election would be completed without the Court's order."
The PIL had been filed by a doctor who referred to the fact that the West Bengal Medical Council was running by an Ad hoc Committee without holding the due elections. Following this, a PIL WP 8971(W) of 2012 was filed and consequently an order had been passed with direction to hold the election.
However, the petitioner contended that the members of the WBMC who had been elected in 2018 continued to run the State Medical body even after the 5-year term period got expired. As a result, another petition was filed before the High Court.
Medical Dialogues had recently reported that in the order dated June 29, 2022, the Single Judge bench had ordered that the present West Bengal Medical Council will stand dissolved from July 31 as it was continuing unlawfully and the bench had also directed that the election process of the doctors' body, including declaration of results, be concluded within three months from that date.
Also Read: High Court orders dissolution of West Bengal Medical Council
The petitioner in the present PIL also referred to the fact that the single judge bench had also directed for appointing Ad hoc Council so that elections for the Council can be conducted and the essential functions can be performed.
As per the latest media report by India Legal, aggrieved with the constitution of the Ad hoc Committee, the petitioner approached the Court and submitted that as per Section 5 of the 1985 Act, around 20 members are necessary in the Ad hoc Committee. However, issuing notice on July 28, 2022, the Ad hoc Committee has been constituted consisting of 8 members and the notification further clarified that these members should not be allowed to contest in the election. In this regard, the petitioner-in-person expressed grievance against the member no. 1 and 2 of the Ad hoc Committee.
On the other hand, the Advocate General, who appeared on behalf of the State opposed the plea as he referred to the subsequent amendment to the Section 5 of the Act of 1985 and argued that the Members of the Committee have not been listed as a party. He also contended that after the commencement of the election process, Court's interference is not required.
In this regard, the Court noted that the Advocate General had produced the notification dated 17th of May, 2012 containing the West Bengal Medical Council (Temporary Suppression) (Amendment) Act, 2012.
Perusing the records the Court also took note of the fact that the principal Section 5 of the 1985 Act has been omitted and in its place a new Section 5A has been inserted. The amended section provides for reconstituting Ad hoc Council that consists not more than 10 persons as its members. Therefore, the Court opined that the very basis of challenge raised by the petitioner has been wiped off by the amended version of the law.
Apart from this the bench further observed, "That apart, nothing has been pointed out by the petitioner to show as to why the members of the Ad hoc Committee should not be permitted to contest the election if they fulfill the eligibility conditions prescribed in Section 6 of the Bengal Medical Act, 1914."
The Court further noted the newspaper cutting produced by the petitioner disclosing that the elections to the Medical Council have already been notified and the nominations in this regard shall be submitted between September 2, 2022 to September 6, 2022. Further, the voting papers shall commence to be distributed from September 19, 2022. The last date of receipt of ballot papers in the Council's Office October 18, 2022 and scrutiny and counting will be on October 19, 2022, noted the Court.
Further referring to the Supreme Court order in the case of Supreme Court Bar Association and Others vs. B.D. Kaushik, the bench observed that after commencement of the election process, the courts should not interfere with the process by granting injunctions.
Apart from this, the bench also cited the top court order in the case of Shaji K. Joseph vs. V. Vishwanath and Others and dismissed the Plea.
