MINISTRY OF AYUSH Vs. VANITHA R & ANR

JUDGEMENT

(1.) The singular question arises for consideration as to interpretation of provisions contained in Section 7 of the Indian Medicines Central Council Act, 1970 (in short referred to as 'the Act of 1970'). It is not in dispute that the erstwhile member of Council was holding the office of the President of the Central Council of Indian Medicine (in short 'CCIM'). He was the representative of the State of Uttarakhand. His term expired on 27.8.2016. He was also holding the elected post of the President of the CCIM for the tenure which would have expired on 4.7.2017 had he continued as Member.

(2.) Notice for the purposes of holding an election for the post of President was issued on 27.2017 by the Returning Officer/Secretary of CCIM. On 14.3.2017, the election was held in which the respondent No.1, namely, Dr.Vanitha R. was elected as the President. Vd. Raghunandan Sharma, Jaipur filed representation on 18.4.2017 to the Government, Ministry of Ayush as to tenure for which election was held. It was decided on 24.8.2017 by the said Ministry and representation was rejected on the ground that the provision under Section 7 (3) of the Act of 1970 is applicable to Members only and not for the President and for Vice President.

(3.) Thereafter, the Ministry had taken opinion from the Law Department and the fresh order came to be passed on 8.2018 in which it was observed that, the election for the post of President was held for the remainder period available to the erstwhile Member from Uttarakhand, to hold the said office which came to an end on 4.7.2017. As such, a fresh election for the post of President was required to be held.