RESHMA RAFIQ DESAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Heard forthwith.

(2.) A few facts need to be set out for the purpose of considering the issue which arises in this petition:

(3.) The petitioner was elected as the President of the Maharashtra Nursing Council pursuant to the notification issued in the month of April, 2003. A president is elected by the members from amongst themselves. The term of an elected member is four years. It appears that the petitioner has lost confidence of overwhelming majority of the elected members of the Maharashtra Nursing Council, Mumbai. The Council consists of both elected and non-elected members. At a meeting of the general body held on 13.04.2006 at which meeting and as per the minutes recorded, but disputed by the petitioner considering her endorsement on the said minutes, that she had agreed to resign from the post of the President. An extra-ordinary meeting thereafter came to be called on 10.05.2006 as the petitioner had not resigned wherein members of the council passed a motion of no confidence against the petitioner and also expelled the petitioner from office. The Maharashtra Nursing Council is set up under the provisions of the Maharashtra Nurses Act, 1966 and rules framed thereunder, which hereinafter shall be referred to as the "Act". By virtue of Section 3(2) of the Act, the Council is a body corporate, having perpetual succession and a common seal. Section 3(4) of the Act provides that the President shall be elected by the members from amongst themselves. Section 3(5) sets out that the election of members and of the President, office president shall be held at such time and such place and in such manner as may be prescribed. We may gainfully reproduce the Provisions of Section 4:-