B N SINHA Vs. MEDICAL COUNCIL OF INDIA

JUDGEMENT

(1.) Dr. B. N. Sinha has challenged by means of this petition under Article 226 of the Constitution of India the election of Dr. Shanti Lal C. Sheth (respondent No. 5) as President of the Medical Council of India (hereinafter referred to as the Council). The other respondents in the petition are the Medical Council of India (respondent No. 1), the Union of India (respondent No. 2), Dr. Tuisi Das (respondent No. 3), Dr. P. K. Duraiswami Director General of Health Sr V. Patel (respondent No. 6) and Dr. R. M. Kasliwal (respondent No. 7).

(2.) The Council is a statutory body having been constituted under Section 3 of the Indian Medical Council Act, 1956 (102 of 1956) (hereinafter referred to as the Act). The Act replaced the Indian Medical Council Act of 1933. According to sub-section (1) of section 3 of Act 102 of 1956, the Central Government shall cause to be constituted a Council consisting of one member from each State and one member from each University. Provision is also made for the election of the members and their nomination by the Central Government. According to sub-section (2) of Section 3, the President and Vice President of the Council shall be elected by the members of the Council from amongst themselves. Sub-section (1) of Section 7 prescribes that the President and Vice-President of the Council shall hold office for a term not exceeding beyond the expiry of his term as a member of the Council. According to subsection (2) of Section 7, subject to the provisions of the section, a member shall hold the office for a period of five years from the date of his nomination or election or until his successor shall have been duly nominated or elected, whichever was longer. Section 8 makes provision for the etings of the Council while Section 9 deals with the officers, committees and servants of the Council. Provision for the Executive Committee, consisting of the President, Vice-President and other members to be elected by the Council, is made in Section 10. It is also provided that the President and Vice-President shall be the President and Vice-President respectively of that committee. Section 33 of the Act empowers the Council to make regulations with the previous sanction of the Central Government to carry out the purposes of the Act. According to clauses (b) and (d) of that Section the regulations may inter alia provide for the summoning and holding of meetings of the Council, the conduct of business there at, and the powers and duties of the President and Vice-President.

(3.) Dr. C. S. Patel. who had been elected President of the Council, died in August, 1968. On his death a vacancy in the office of the President occurred for the remaining term up to February, 1970. A meeting of the Council was called on March 14. 1969. Items I and 2 on the agenda for that meeting related to the notifications of the new members and confirmation of the previous minutes of the Council's meeting. The Council thereafter expressed condolence on the demise of Dr Patel. Dr. Tuisi Das respondent, who was the Vice-President of the Council, presided over the meeting when the above mentioned items were dealt with. After those items had been disposed of, the Council took up the item related to the election of the President. The minutes of the meeting in this respect read as under :-