DR. MIRDUL KUMAR SAHANI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the petitioner, Mr. S. D. Sanjay, learned Additional Solicitor General, assisted by Mr. Ravinder Kumar Sharma, learned counsel for the Union of India, learned counsel for the State and learned counsel for the respondent no. 4.

(2.) The petitioner has moved the Court for the following reliefs:

(3.) Earlier, by order dated 06.02017, the Court, by way of an interim measure, had directed that if the vacancy of the petitioner has not been filled up in accordance with the statutory provisions, he shall continue to be a Member of the Central Council of Homoeopathy and shall be entitled to perform all functions associated with the said post, till his successor takes charge of the office. It is not in dispute that the term of the petitioner as a Member of Central Council of Homoeopathy came to an end on 01.08.2016, i.e., after completion of five years from the gazette notification dated 02.08.2011 in terms of Section 7 (1) of the Homoeopathy Central Council Act, 1973 (hereinafter referred to as the "Act").