RUSHA PODDER Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The four petitioners before the Court are registered pharmacists under the West Bengal Pharmacy Council. The petitioners seek quashing of a notice published by the West Bengal Pharmacy Council on 20/12/2022 announcing the final list of accepted/rejected candidates after scrutiny in the West Bengal Pharmacy Council Elections-2022. The petitioners are aggrieved by the rejection of their nominations by the Council which were for the elections to the West Bengal Pharmacy Council for 2022.

(2.) Learned counsel appearing for the petitioners invites the Court to interfere in the impugned rejections on the ground that the reasons given for rejection of the nominations of the candidates were not indicated in the prescribed Form. Counsel submits that the petitioners were also deprived of the remedy provided under the relevant Rule as notified on 22/7/1966. It is also submitted that the petitioners took due steps under Rule 5(1) of the said Rules for redressal of their grievance but this was denied to the petitioners.

(3.) Learned counsel appearing for the Registrar/respondent no. 6 places the relevant dates to submit that the petitioners were aware of the reasons for the rejection at the time of scrutiny but sent mails to the Council asking for the same feigning ignorance of the information which was already available to the petitioners. Counsel submits that final list of candidates was published on 23/12/2020 in accordance with the Election Rules and that the petitioners sent mails for reconsideration of their candidatures only on 1/1/2023. Counsel submits that the writ petition is not maintainable since the election process commenced with the issuance of the Election Notice on 14/9/2022 and culminated with the declaration of results.