MANJULA DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. A.C. Borbora, learned senior counsel, assisted by Mr. M.A. Smith and Dr. M. Bora, learned counsel for the petitioner. Also heard Mr. N.J. Dutta, learned CGC as well as Mr. T. Chutia, learned counsel representing the respondent No.6. I have also heard Mr. L.P. Sharma, learned Standing Counsel, Gauhati University and Mr. Sunil Murarka, learned counsel representing the respondent No.7 in , who is the respondent No.6 in the other writ petition being WP(C) No.4842/2013.

(2.) The matter pertains to election/nomination of member to the Dental Council of India from amongst the eligible electors. While in the 1st writ petition being No.WP(C) 177/2012, the prayer made is for setting aside and quashing the Annexure-E notification dated 07.12.2011, by which the Returning Officer of election to Dental Council of India and Assam State Dental Council has referred the particular complaint lodged by the respondent No.7/6 to the Central Government purportedly as per the provisions of the Dentist Act, 1 948. By the said notification, the counting of votes that was scheduled to be held on 09.12.201 under Rule 16 of the Dental Council (Election) Regulations, 1 952 has been postponed. According to the petitioner, the election having been held, the Returning Officer ought to have declared the results thereof, instead of referring the matter to the Central Government referring to the provisions of the Dentist Act, 1 948, which according to him has no application at the stage of declaration of results. It is the further prayer of the petitioner to issue a direction to the Returning Officer to declare the results.

(3.) In the 2nd Writ petition, the petitioner has prayed for setting aside and quashing of the election/nomination of the respondent No.7/6 to the Dental Council of India by the Gauhati University. In this connection he has challenged the Annexure-3 notification dated 09.12.2013, issued by the Registrar, Gauhati University, notifying that as per the AGM of Gauhati University Court held on 29.01.2013, the respondent No.7/6 stood elected as a member of the Dental Council of India for a period of 5 years w.e.f. 29.01.2013. According to the petitioner, such nomination/election having been obtained by respondent No.7/6 by suppressing the fact of the aforesaid election, in which he had participated and pendency of the earlier writ petition being , by which, withholding the result of the election has been put to challenge, such election/nomination is violated and liable to be interfered with.