KUNAL SAHA Vs. WEST BENGAL MEDICAL COUNCIL

JUDGEMENT

(1.) The petitioner has challenged the election of the West Bengal Medical Council which culminated on November 1, 2022. Although the reliefs sought in the writ petition pertain to dissolving the entire Council, the arguments advanced and the pleadings contained in the writ petition primarily assail the election of the President and the Vice President of the Council.

(2.) The petitioner, appearing in person with leave of Court, argues that Sec. 11(1) of the Bengal Medical Act, 1914 (hereinafter referred to, "the 1914 Act") stipulates that the term of office of a member of the Council nominated or elected under Sec. 4 or nominated under Sec. 5 shall commence on such date as may be notified in this behalf by the State Government in the Official Gazette.

(3.) Sec. 11A(1) provides that the members of the Council shall convene their first meeting after the notification referred to in Sec. 11(1) and recommend the names of three persons for being nominated as President, upon which the State Government shall nominate one of such persons to be the President of the Council.