BHARATKUMAR KHODABHAI BOGHARA Vs. UNION OF INDIA

JUDGEMENT

(1.) Learned advocate Mr. B.T.Rao appearing for the appellants - original petitioners (hereinafter referred to as the petitioners) requested for urgent circulation of this appeal, as learned Single Judge has rejected the petition today itself and as the election of the President and Vice-President of Central Council of Indian Medicine ('CCIM' for short) will be held on 14.03.2017. Looking to the urgency, permission for circulation was granted.

(2.) Heard learned advocate Mr. B.T.Rao for the appellant, learned advocate Mr. Nikunt Raval for the respondent Nos. 1 and 2 and Mr. D.M.Devnani, learned AGP for the respondent No.3.

(3.) Learned advocate Mr. Rao mainly contended that the petitioners were elected as Members under Section 3(1) of the Indian Medicine Central Council Act, 1970 (hereinafter referred to as 'the Act') on 13.05.2011 and the notification to that effect was issued on 27.06.2011. The term of elected member is 5 years under Section 7(5) of the Act. The term of the petitioners was over on 27.06.2016. However, at this stage, learned advocate has referred to the provisions contained in Section 7 (1) of the Act and submitted that as per the said provisions, a member of Central Council shall hold office for a term of five years from the date of his election or nomination, as the case may be or until his successor shall have been duly elected or nominated, whichever is longer. It is contended that the respondents have not hold the election for which the petitioners are not responsible. At this stage, learned advocate also referred to the provisions contained in Section 7(5) of the Act, which provides that where the term of five years is about to expire in respect of any member, a successor may be elected or nominated at any time within three months before the said term expires but he shall not assume office until the said term has expired. Thus, it is contended that the respondent authorities are obliged to hold the election at any time within three months before the said term expires.