LAWS(CAL)-2022-6-49

KUNAL SAHA Vs. WEST BENGAL MEDICAL COUNCIL

Decided On June 29, 2022
KUNAL SAHA Appellant
V/S
WEST BENGAL MEDICAL COUNCIL Respondents

JUDGEMENT

(1.) The petitioner is a registered medical practitioner in West Bengal and is an Overseas Indian Citizen. He has preferred the present challenge primarily for dissolution of the present body acting at the helm of the West Bengal Medical Council. Initially the matter was filed as WPO 382 of 2018, but later renumbered as WPA 8140 of 2022.

(2.) Although the petitioner had originally challenged the vires of Sec. 11 (2) of the Bengal Medical Act, 1914, he does not press such challenge at the final hearing.

(3.) The petitioner, appearing in person with the leave of court, submits that the five-year statutory term of the last elected Medical Council of West Bengal expired on July 15, 2018. No election, as provided in law, has been held since then and the last-elected body has been continuing in office unlawfully.