DR. A. JILLUS Vs. SECRETARY

JUDGEMENT

(1.) The petitioner has filed the above writ petition to issue a Writ of Certiorarified Mandamus, to call for the records of the 1st respondent dated 06.10.2015 and to quash the same with respect to the appointment of 5th respondent as the Returning Officer for the purpose of Rule 2 (d) of the Homeopathy Central Council (Election) Rules, 1975, consequently, directing the 1st respondent to appoint a competent person, not below the rank of a Joint Secretary in the Administrative service of the Government, as Returning Officer for the conduct of election to the Central Council of Homoeopathy within a time frame that may be fixed by this Court.

(2.) By the impugned order dated 06.10.2015, the first respondent appointed the 5th respondent as Returning Officer for the purpose of Rule 2(d) of the Homeopathy Central Council (Election) Rules, 1975. According to the petitioner, the elections to the Central Council of Homeopathy is very serious issue and the legislative has thus ensured that the conduct of such elections should be entrusted to a responsible person and that is why the Rule prescribes that the person should be an officer of the Administrative Service of the State and also not below the rank of Joint Secretary. According to the petitioner, in the instant case, the 5th respondent is not eligible to be considered inasmuch as he is neither from the Administrative Service of the State nor an Officer in the rank of Joint Secretary and above.

(3.) On a perusal of the Rules 2 (d) of the Homeopathy Central Council (Election) Rules 1975, Returning Officer means, any officer of the State Government or the Union Territory as the case may be, who is from the administrative services of the State Government or the Union Territory, not below the rank of Joint Secretary to the State Government or the Union Territory concerned appointed on the recommendations of the State Government or the Union Territory, as such by the Central Government for the purposes of the rules. Proviso to Rule 2 (d) says that the Registrar of the concerned Board, by whatever name called who maintains the register of practitioners in the State shall not be appointed as the Returning Officers.