Supreme Court gives deadline to hold Maharashtra Medical Council elections
Supreme Court of India
Mumbai: The Supreme Court of India has ordered to hold the Maharashtra Medical Council (MMC) elections within three months.
Issuing directions in this regard to a newly appointed returning officer (RO), the Apex Court bench of Justices Ahsanuddin Amanullah and R Mahadevan said that the process would start from the beginning by the concerned RO while following all the required processes mandated by the law.
It clarified that the required processes will also include the hearing of objections. Further, the Apex Court directed the RO to fix the date of elections on a holiday to facilitate the members to vote.
"Accordingly, the present petition stands disposed of with a direction to the aforesaid Returning Officer to conduct the elections at the earliest and latest within a period of three months from today. It goes without saying that the said process would be started de novo by the Returning Officer and all process as per law shall be followed, including hearing of objections etc. The Returning Officer would fix the date of the elections on a holiday. i.e., on Sunday/any public holiday so as to facilitate the members to vote," ordered the top court bench comprising Justices Ahsanuddin Amanullah and R Mahadevan.
"We would further indicate that the petitioner as well as the proposed intervenors shall fully cooperate in holding of such elections...To ensure that the elections are taken to its logical conclusion, we indicate that no Court shall entertain any plea against the conduct and conclusion of the elections except by moving an application in the present proceedings. We further clarify that if we find the objection to be frivolous, the same shall be dealt with strictly," clarified the top court bench.
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.
It has been more than nine years since the MMC polls were held in 2016. The election process has been due since 2022. Earlier, in March 2025, the High Court had dismissed a plea filed by Dr. Sachin Pawar, who had challenged the appointment of the RO on the grounds of eligibility.
Medical Dialogues had earlier reported that after the plea was rejected by the High Court holding it as "misconceived", Dr Pawar approached the Apex 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 a day before the scheduled poll date, directing the state to appoint a new returning officer immediately to prevent further delays.
During the hearing of the matter on January 07, 2025, the counsel for the petitioner submitted that, as they were interested in getting the elections held through a neutral and eligible RO, a new officer has now been appointed against whom they have no objection regarding the qualification. Therefore, the counsel submitted that the Court may pass the necessary orders.
Meanwhile, the learned Solicitor General very fairly submitted that the Court may direct the new Returning Officer to conduct the elections afresh after following the due procedure in law.
Accepting this suggestion, the top court bench disposed of the plea, directing the concerned RO to conduct the elections at the earliest and latest within three months. It also directed that the election process would be started de novo by the RO and all the process as per law shall be followed, including the hearing of objections.
To view the order, click on the link below:
https://medicaldialogues.in/pdf_upload/supreme-court-mmc-election-320496.pdf
Also Read: New Returning Officer Appointed after SC Order, MMC Elections to Proceed Today
