Medical Dialogues
  • Dermatology
Login Register
This site is intended for healthcare professionals only
Login Register
  • MD Brand Connect
  • Vaccine Hub
  • MDTV
    • Breaking News
    • Medical News Today
    • Health News Today
    • Latest
    • Journal Club
    • Medico Legal Update
    • Latest Webinars
    • MD Shorts
    • Health Dialogues
  • Fact Check
  • Health Dialogues
Medical Dialogues
  • Medical News & Guidelines
      • Anesthesiology
      • Cardiology and CTVS
      • Critical Care
      • Dentistry
      • Dermatology
      • Diabetes and Endocrinology
      • ENT
      • Gastroenterology
      • Medicine
      • Nephrology
      • Neurology
      • Obstretics-Gynaecology
      • Oncology
      • Ophthalmology
      • Orthopaedics
      • Pediatrics-Neonatology
      • Psychiatry
      • Pulmonology
      • Radiology
      • Surgery
      • Urology
      • Laboratory Medicine
      • Diet
      • Nursing
      • Paramedical
      • Physiotherapy
  • Health news
      • Doctor News
      • Government Policies
      • Hospital & Diagnostics
      • International Health News
      • Medical Organization News
      • Medico Legal News
      • NBE News
      • NMC News
  • Fact Check
      • Bone Health Fact Check
      • Brain Health Fact Check
      • Cancer Related Fact Check
      • Child Care Fact Check
      • Dental and oral health fact check
      • Diabetes and metabolic health fact check
      • Diet and Nutrition Fact Check
      • Eye and ENT Care Fact Check
      • Fitness fact check
      • Gut health fact check
      • Heart health fact check
      • Kidney health fact check
      • Medical education fact check
      • Men's health fact check
      • Respiratory fact check
      • Skin and hair care fact check
      • Vaccine and Immunization fact check
      • Women's health fact check
  • AYUSH
    • Ayurveda
    • Homeopathy
    • Siddha
    • Unani
    • Yoga
  • State News
      • Andaman and Nicobar Islands
      • Andhra Pradesh
      • Arunachal Pradesh
      • Assam
      • Bihar
      • Chandigarh
      • Chattisgarh
      • Dadra and Nagar Haveli
      • Daman and Diu
      • Delhi
      • Goa
      • Gujarat
      • Haryana
      • Himachal Pradesh
      • Jammu & Kashmir
      • Jharkhand
      • Karnataka
      • Kerala
      • Ladakh
      • Lakshadweep
      • Madhya Pradesh
      • Maharashtra
      • Manipur
      • Meghalaya
      • Mizoram
      • Nagaland
      • Odisha
      • Puducherry
      • Punjab
      • Rajasthan
      • Sikkim
      • Tamil Nadu
      • Telangana
      • Tripura
      • Uttar Pradesh
      • Uttrakhand
      • West Bengal
  • Medical Education
      • Ayush Education News
      • Dentistry Education News
      • Medical Admission News
      • Medical Colleges News
      • Medical Courses News
      • Medical Universities News
      • Nursing education News
      • Paramedical Education News
      • Study Abroad
  • Industry
      • Health Investment News
      • Health Startup News
      • Medical Devices News
      • Pharma News
      • Pharmacy Education News
      • Industry Perspective
  • MDTV
      • Health Dialogues MDTV
      • Health News today MDTV
      • Latest Videos MDTV
      • Latest Webinars MDTV
      • MD shorts MDTV
      • Medical News Today MDTV
      • Medico Legal Update MDTV
      • Top Videos MDTV
      • Health Perspectives MDTV
      • Journal Club MDTV
      • Medical Dialogues Show
This site is intended for healthcare professionals only
LoginRegister
Medical Dialogues
LoginRegister
  • Home
  • Medical news & Guidelines
    • Anesthesiology
    • Cardiology and CTVS
    • Critical Care
    • Dentistry
    • Dermatology
    • Diabetes and Endocrinology
    • ENT
    • Gastroenterology
    • Medicine
    • Nephrology
    • Neurology
    • Obstretics-Gynaecology
    • Oncology
    • Ophthalmology
    • Orthopaedics
    • Pediatrics-Neonatology
    • Psychiatry
    • Pulmonology
    • Radiology
    • Surgery
    • Urology
    • Laboratory Medicine
    • Diet
    • Nursing
    • Paramedical
    • Physiotherapy
  • Health news
    • Doctor News
    • Government Policies
    • Hospital & Diagnostics
    • International Health News
    • Medical Organization News
    • Medico Legal News
    • NBE News
    • NMC News
  • Fact Check
    • Bone Health Fact Check
    • Brain Health Fact Check
    • Cancer Related Fact Check
    • Child Care Fact Check
    • Dental and oral health fact check
    • Diabetes and metabolic health fact check
    • Diet and Nutrition Fact Check
    • Eye and ENT Care Fact Check
    • Fitness fact check
    • Gut health fact check
    • Heart health fact check
    • Kidney health fact check
    • Medical education fact check
    • Men's health fact check
    • Respiratory fact check
    • Skin and hair care fact check
    • Vaccine and Immunization fact check
    • Women's health fact check
  • AYUSH
    • Ayurveda
      • Ayurveda Giuidelines
      • Ayurveda News
    • Homeopathy
      • Homeopathy Guidelines
      • Homeopathy News
    • Siddha
      • Siddha Guidelines
      • Siddha News
    • Unani
      • Unani Guidelines
      • Unani News
    • Yoga
      • Yoga Guidelines
      • Yoga News
  • State News
    • Andaman and Nicobar Islands
    • Andhra Pradesh
    • Arunachal Pradesh
    • Assam
    • Bihar
    • Chandigarh
    • Chattisgarh
    • Dadra and Nagar Haveli
    • Daman and Diu
    • Delhi
    • Goa
    • Gujarat
    • Haryana
    • Himachal Pradesh
    • Jammu & Kashmir
    • Jharkhand
    • Karnataka
    • Kerala
    • Ladakh
    • Lakshadweep
    • Madhya Pradesh
    • Maharashtra
    • Manipur
    • Meghalaya
    • Mizoram
    • Nagaland
    • Odisha
    • Puducherry
    • Punjab
    • Rajasthan
    • Sikkim
    • Tamil Nadu
    • Telangana
    • Tripura
    • Uttar Pradesh
    • Uttrakhand
    • West Bengal
  • Medical Education
    • Ayush Education News
    • Dentistry Education News
    • Medical Admission News
    • Medical Colleges News
    • Medical Courses News
    • Medical Universities News
    • Nursing education News
    • Paramedical Education News
    • Study Abroad
  • Industry
    • Health Investment News
    • Health Startup News
    • Medical Devices News
    • Pharma News
      • CDSCO (Central Drugs Standard Control Organisation) News
    • Pharmacy Education News
    • Industry Perspective
  • Home
  • News
  • Health news
  • HC junks PIL seeking...

HC junks PIL seeking Elections to West Bengal Medical Council

Barsha MisraWritten by Barsha Misra Published On 2022-09-10T09:30:37+05:30  |  Updated On 10 Sept 2022 9:30 AM IST
HC junks PIL seeking Elections to West Bengal Medical Council
  • facebook
  • twitter
  • linkedin
  • whatsapp
  • Telegram
  • Email

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.

Also Read: WB School jobs scam: Calcutta HC directs ED to shift arrested Bengal Minister to AIIMS Bhubaneswar

Calcutta High CourtPublic Interest LitigationWest Bengal Medical CouncilWest Bengal Medical Council (Temporary Suppression) ActAd hoc Committee
Source : with inputs
Barsha Misra
Barsha Misra

Barsha completed her Master's in English from the University of Burdwan, West Bengal in 2018. Having a knack for Journalism she joined Medical Dialogues back in 2020. She mainly covers news about medico legal cases, NMC/DCI updates, medical education issues including the latest updates about medical and dental colleges in India. She can be contacted at editorial@medicaldialogues.in.

Show Full Article
Next Story

Editorial

Aspirin Use in Male Smokers Aged 40-45 Years with Hypertension: Identifying the Ideal Candidates

Aspirin Use in Male Smokers Aged 40-45 Years with Hypertension: Identifying the Ideal Candidates

National Consensus 2025 on Role of Bisoprolol Across CV Continuum in Women: Top 10 Takeaways

National Consensus 2025 on Role of Bisoprolol Across CV Continuum in Women: Top 10 Takeaways

Relevance of Pioglitazone in Indian T2DM Care Continuum

Relevance of Pioglitazone in Indian T2DM Care Continuum

Azmarda Outperforms Generic Sacubitril/Valsartan in HFrEF Management, says new study

Azmarda Outperforms Generic Sacubitril/Valsartan in HFrEF Management, says new study

First Indian Consensus on Managing Refractory Gastroesophageal Reflux Disease Recommends Vonoprazan

First Indian Consensus on Managing Refractory Gastroesophageal Reflux Disease Recommends Vonoprazan

View All

Journal Club Today

Study Shows Combination Therapy May Improve Survival in Severe Heart Disease

Study Shows Combination Therapy May Improve Survival in Severe Heart Disease

View All

Health News Today

Health Bulletin 04/June/2025

Health Bulletin 04/June/2025

View All
© 2022 All Rights Reserved.
Powered By: Hocalwire
X
We use cookies for analytics, advertising and to improve our site. You agree to our use of cookies by continuing to use our site. To know more, see our Cookie Policy and Cookie Settings.Ok