SHAJI K. JOSEPH Vs. V. VISWANATH & ORS.

JUDGEMENT

(1.) Leave granted.

(2.) Heard the learned counsel for the parties.

(3.) The issue involved in this appeal is with regard to election of a member to the Dental Council of India under Section 3 (a) of the Dentists Act, 1948 [hereinafter referred to as 'the Act'] and Dental Council (Election) Regulations, 1952 [hereinafter referred to as 'the Regulations']. Respondent no.1 herein wanted to contest the election, but as his name was not in the electoral roll in Part A of the register of dentists for the State, his nomination form had not been accepted by the Returning Officer, Respondent no.3 herein. In these circumstances, Respondent no.1 preferred Writ Petition (C) No.4075 of 2011 before the High Court of Kerala at Ernakulam challenging the validity of rejection of his nomination paper. The Learned Singe Judge of the High Court vide judgment dated 23rd May, 2011 allowed Respondent no.1's Writ Petition by setting aside the order passed by the Returning Officer, rejecting nomination in respect of candidature of Respondent no.1 and directed the Returning Officer to conduct the election afresh after including name of Respondent no.1 and to declare the result on the basis of such election to be conducted afresh from the stage after submission of the nominations.