JAGANNATH DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE point involved in this writ petition is whether Chapter III (Section 19-28 state Pharmacy Councils), Chapter IV (Sections 29-4d Registration of pharmacists) and Chapter V (Sections 41-46 Miscellaneous) of the Pharmacy Act. 1948 (Central Act VIII of 1948) as the Act stood before its amendment by the pharmacy (Amendment) Act, 1959 (Central Act 24 of 1959) could come into force after the expiry of the time-limit of three years without prior notification by the state Government in the Official Gazette as required by Section 1 (3) of the Act.

(2.) THE petitioner a registered pharmacist of Orissa at present serving as a Dental technician School Health Services. Sadar Circle Berhampur Ganjam is the president Elect of the Orissa State Pharmacy Council having been so elected on april 12, 1966 by the member of the said Council under Secttion 23 of the Act, the other contestant being opposite party No. 2 Dr. G. S. Mohapatra. Director of health Services, Orissa the former President of the Council. The petitioner prays for the issue of a writ, in the nature of a Writ of Quo Warranto, against opposite party No. 2 Dr. G. S. Mohapatra who is said to be continuing in the office of president of the Council and ousting the petitioner from the office of President of the Orissa State Pharmacy Council though the petitioner was elected President of the Council as early as April 12, 1966 at the meeting of the Pharmacy Council held on that date The petitioner also prays for the issue of a direction to opposite party no. 2 Dr. G. S. Mohapatra to relinquish the office of the President of the Orissa state Pharmacy Council to hand over charge of the same to the petitioner. The state of Orissa has been made opposite party No. 1 with a prayer to direct it to put the petitioner in charge of the office of the President of the Orissa State pharmacy Council, Orissa.

(3.) THE basis on which the petitioner claims to be the President of the Orissa State pharmacy Council is this: In accordance with Sub-section (3) of Section 1 of the pharmacy Act, 1948 as it stood before its amendment by the Amendment Act XXIV of 1959 which came into force on May 1, 1950 Chapter III including Section 23 (under which the petitioner was elected President) Chapter TV and Chapter V have automatically come into force after the expiry of three years from the date of commencement of the Act which is March 4, 1948 even if the State Government had not brought into force the said three Chapters by issue of a notification in the gazette, The contention urged on behalf of the opposite parties on the other hand is that the validity of the meeting of the Orissa State Pharmacy Council held on april 12, 1966 has been Questioned on the ground that Chapters III, IV and V of the Pharmacy Act, 1948 have not beer brought into force by the Government by issue of notification as required by the Act.