C BHASKAR RAO Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner, Dr.C.Bhaskara Rao was elected as Vice President of the Dental Council of India (hereinafter called the Council) in the meeting of the Council held on 15th May,1996. He has assailed the arrangement of sharing by virtue of which Dr.R.K.Bali, respondent No.3 has been appointed as the President of the Council. His challenge is primarily based on two counts namely; (1) that two persons cannot share the tenure of the office of the President. The tenure of the post of President is for five years. It cannot be divided. (2) Secondly arrangement of sharing of the post of President or rotation of the tenure amongst two persons is against the Dentist Act,1948 (hereinafter called the Act) and the election regulations. Since the election of November,1995 has been set aside and even otherwise no one got absolute majority in that election held in November,1995, hence no one could have been appointed to work as President. In the absence of a President it is always the Vice President who officiate, act and perform the duties and responsibilities of a President. In the event of there being a tie i.e. when two persons secured the same number of votes, then the election of that post has to be held afresh. Those persons cannot by mutual private arrangement split the tenure of the President into two parts. In the case of tie nobody gets elected. There has to be fresh elections and till such time fresh elections are held, the duties and responsibilities of the post of President are to be performed by the Vice President which in this case means the petitioner. Thus, according to petitioner, the arrangement of sharing being bad consequently the appointment of Dr.Bali is illegal and void.

(2.) In order to appreciate the challenge laid by the petitioner, we must grasp few facts relevant for the determination of these questions. The Dental Council of India, a body corporate under the Act, functions through its elected Members. Dr.R.K.Bali was the President of the Council. His term expired in October,1994. Accordingly, the then Vice President Dr.Shetty assumed charge as Acting President of the Council per the Regulation No.35. In November,1995 the General Body of the Council decided to hold election for the post of President. Dr.R.K.Bali, Dr.L.K.Gandhi and Dr.Sridhar Shetty came in the fray for the post of President. Total votes polled were 63, out of which one vote was declared invalid. The outcome of that fray was that Dr.Bali and Dr.Shetty secured 22 votes each, whereas Dr.Gandhi secured 18 votes. Since there was a tie between Dr.Bali and Dr.Shetty, it became difficult to untangle the knot. The Council, therefore, decided to refer the matter for opinion to the Central Government. Legal opinion was also received by the Council from its Advocate. However, at the intervention of the Health Minister Dr.Shetty and Dr.Bali arrived at an agreement to share the tenure of the post of President. The agreed proposal to share the tenure of the office of President was submitted to the Central Government. This arrangement of sharing of the tenure of the President was also put to the House. The House unanimously approved the proposal and the arrangement of sharing. On the other hand the Under Secretary, Ministry of Health vide letter dated 30th April,1996 conveyed to the Council that proposal submitted by it had been kept on record. This reply of the Central Government was treated by the Council as the decision of the Central Government i.e. approval of the sharing arrangement. The Secretary of the Council accordingly issued a general circular dated 8th May,1996 informing all concerned that Dr.Shetty would take over as President of the Council and his tenure shall continue till 16th January,1998, and thereafter, Dr.Bali would take over as President on 17th January,1998. Thus in the General Body Meeting of 15th/16th May,1996 Dr.Shetty was declared President of the Council. Dr.Shetty before being elected as President was holding the post of Vice President. On Dr.Shetty becoming President of the Council, the post of Vice President fell vacant. Accordingly, it was decided in that meeting of 15th May,1996 to elect a Vice President. Consequently, through secret ballot this petitioner was elected as the Vice President of the Council. Since then the petitioner has been working as Vice President.

(3.) Dr.Gandhi challenged the election of the President held on 6th November,1995 by making representation to the Central Government and thereafter filed a writ petition. In that petition he raised two objections regarding the election held in November,1995, namely; (1) irregularities committed in the election held on 6th November,1995; and that arrangement of sharing of the post of President amongst Dr.Shetty and Dr.Bali was not permissible. It is the case of the petitioner that the first challenge raised by Dr.Gandhi before the Central Government was answered in his favour. The election of 6th November,1995 has been set aside by the Central Government on the ground of irregularities. As regard Dr.Gandhi's objection with regard to arrangement of sharing, Central Government did not give any decision. Petitioner's case is that in the absence of Central Government's approval of arrangement of sharing, the tenure of the post of President could not be shared by Dr.Shetty and Dr.Bali between themselves. As the election has already been set aside by the Central Government on the ground of irregularities hence Dr.Bali has no right to hold the post of President. Petitioner further averred that holding of the post of of President has been challenged by Dr.Bali by way of a writ petition. This Court granted the stay against the order of the Central Government which is still operating.