UNION OF INDIA Vs. RAMJEE SINGH

JUDGEMENT

(1.) THIS appeal is filed by the Union of India on being aggrieved by the judgment and order dated 24th May, 2006 passed by the learned Single Judge allowing the writ petition of the respondent herein, being WP (c) No. 2593/06 holding that there was no justification for deletion of the name of the respondent from the electoral roll or voters list and also giving an observation that the respondent would nevertheless be entitled as on date to seek election to the post of president, as per the Act and the Rules. The Act and the Rules, which are referred to, are "the Homoeopathy Central Council Act, 1973" (hereinafter referred to as the "act") and the Rules framed thereunder.

(2.) A writ petition was filed by the respondent, which was registered as Civil writ Petition No. 1186/2006, wherein he challenged the appointment of administrator to the Central Council of Homoeopathy. The writ petition was disposed of with the following order, which was passed on 7th February, 2006:

(3.) THE appellant thereafter took steps for holding election to the office bearers of the Central Council. At that stage the name of the respondent was not reflected in the list prepared by the Returning Officer. Consequently, the petition out of which the present appeal arises was filed. An interim order was passed in the said writ petition on 2nd March, 2006 permitting holding of election to the post of President and Vice President to be conducted under section 7 (1) of the Act.