R K BALI Vs. UNION OF INDIA

JUDGEMENT

(1.) In the above writ petition the election to the Presidentship of the Dental Council of India was challenged by the fourth respondent before the Govt. of India and the Govt. of India allowed the representation by order dated 6.11.1997. The fourth respondent challenged the election before the Central Government under Section 5 of the Dentists Act, 1948.

(2.) The matter was argued at length by the teamed counsel for the parties. The facts necessary for the appreciation of points raised by the parties could be noticed thus:

(3.) One Dr. K.B. Kamath filed C.W. 4055/95 for the relief that he should be permitted to continue as member of the Dental Council of India. On 3.11.1995 a Division Bench of this Court passed the following order :- C.W. 4055/95: Respondent No. 3 is served and is represented today. Respondent No. 1 is also served as per the endorsement on the notice, which has been filed by learned counsel for the petitioner today in court. There is no appearance on behalf of respondent No. 1. Notice be issued to Sh. Madan Lokur learned counsel for Union of India without process fee for 5.12.1995. Learned counsel for the petitioner states that to the second respondent notice was sent. Fresh notice be issued to respondent No. 2 on petitioner's filing registered covers and process fee for 5.12.1995. C.M. 6804/95: Petitioner has prayed for interim relief that during the pendency of the petition, he may be permitted to continue as member of respondent No. 3 and take part and participate in all proceedings of the council including elections to the Executive Committee, to be held from 6.11.1995. As per the averments made in the petition, the petitioner was elected/ nominated to the Dental Council of India by the Dentists registered in para A of the Register of the Goa State Dental Council Under Section 3 of the Dentists Act, 1948 w.e.f. 8.3.95. Due intimation is stated to have been given by the Returning Officer, the Director of Health Services, Panaji (Goa), to respondents 1 and 3 and it appears, that petitioner's nomination as duly accepted and on that basis on 23.8.95 he was asked by Respondent No.3 to participate in the meeting of the General Body of Dental Council of India, which was scheduled to be held at Bangalore on 89.95, 9.9.95 and 10.9.95. In view of. the above, an interim order is passed permitting the petitioner to continue to act as a member of respondent No. 3 for all intents and purposes till further orders. List on 5.12.95. Dasti