WEST BENGAL PHARMACY COUNCIL Vs. RUSHA PODDER

JUDGEMENT

(1.) The appeal appears before this Court on reference for resolution of a difference of opinion between the two Hon'ble Judges of the Division Bench which decided the appeal. By the Order dated February 7, 2024, two points of reference were formulated as follows:

(2.) The appeal arises from an Order passed by the learned Single Judge in WPA No. 509 of 2023 whereby the learned Single Judge upheld the challenge to the refusal to entertain the writ petitioners' objection to the cancellation of their nominations by the appellant no. 2, the Registrar of the West Bengal Pharmacy Council (for short, 'the Council'). While allowing the writ petition, the learned Single judge was pleased to direct the Registrar of the Council, that is, appellant no. 2 herein to reconsider the nominations filed by the four writ petitioners (who are respondents in the appeal) in accordance with the Pharmacy Act, 1948 and the Rules framed under the said Act for the election of members including the President and the Vice-President of the Council and of the members of the Executive Committee of the said Council, including Rule 5(1), within a period of three weeks from the delivery of the judgment. Consequential orders were also passed.

(3.) The Presiding Judge of the Division Bench, that is, the Hon'ble the Chief Justice dismissed the appeal by scrapping the entire election process thus far conducted and restoring the same to the stage where the scrutiny of nominations was conducted. While affirming the order of the learned Single Judge, the Hon'ble the Chief Justice also directed the Observer to be nominated by the Government to ensure that the entire election process is conducted in a free and fair manner without any irregularity or complaints. It was directed further that not only the correctness of the rejection of the nominations of the writ petitioners should be considered but also that such of those 21 nominations which were rejected, whoever files objection, is required to be considered by the Committee in terms of Rule 5(1) of the Election Rules. Further consequential directions were also passed.