DR. BASANT SINGH, SON OF LATE RAGHUBIR SINGH, RESIDENT OF MOHALLA Vs. STATE OF BIHAR, THROUGH PRINCIPAL SECRETARY, EDUCATION, DEPARTMENT, VIKASH BHAWAN, NEW SECRETARIAT, PATNA

JUDGEMENT

(1.) Heard learned counsels for all the parties extensively.

(2.) By virtue of Annexure - 13, dated 25th of Jan., 2016, the election petition filed by the petitioner against nomination of private-respondent no. 6, namely Dr. Arun Kumar Agrawal, as a member of Medical Council of India (hereafter referred to as "MCI" for short) under section 3 (1) (b) of the Indian Medical Council Act, 1956, has been rejected under the signature of the Secretary of Government of India, Ministry of Health and Family Welfare. It is this order of rejection, contained in Annexure-13, whose quashing the petitioner wants through this writ application.

(3.) The background facts leading to the present writ application is that in terms of the provision, contained in Indian Medical Council Act, 1956, especially section 3 (1) (b), one member from each university is required to be elected from amongst the members of the "medical faculty" of the university, by the members of the Senate of the university or in case the university has no Senate by members of the Court. The petitioner and the private-respondent no. 6 became candidates for the said election and they filed their nomination. The nomination of both the candidates were objected to, but those objections were rejected or brushed aside and election was held between the two contesting parties, i.e., between the petitioner and the private-respondent no. 6. Private-respondent no. 6 came to be returned by securing 64 votes and the petitioner, namely, Dr. Basant Singh lost the electoral battle and, therefore, he approached the High Court first by filing a writ application. The order passed in the previous writ application is Annexure - 12. The Learned Single Judge directed the petitioner to first exhaust the statutory remedy of appeal and thus the appeal was moved and Annexure - 13 was passed.