MEDICAL COLLEGE AND HOSPITAL, MUZAFFARPUR, P.S.-SADAR, DISTRICT-MUZAFFARPUR Vs. MUNSHI PRASAD S/O LATE RADHE PRASAD RESIDENT OF VILLAGE+POST OFFICE-MAKANPUR, POLICE STATION -GAYA, DISTRICT-

JUDGEMENT

(1.) WE heard the senior counsel for the appellant and Mr. Amrendra Kumar Sinha No. 1, counsei for the intervenors in I.A. No. 1405/2007. The respondent no. 1 has not chosen to appear despite service.

(2.) DR . Munshi Prasad is enrolled on a State Register of Homoeopathy of Bihar. He challenged the election notice issued by the Returning Officer, Central Council of Homoeopathy (Election) which was published in daily newspaper "Dainik Jagran" in its edition of 7th November, 2006 by which election schedule was pubfished for holding the election of three members for the Central Council of Homoeopathy from the State of Bihar, {the territory being that of erstwhile Bihar prior to its reorganization). Inter alia, he set up the ground that voter list has not been revised and updated. In the writ petition, he alleged that he made representation to the concerned authorities raising diverse deficiencies in the electoral list; similar representations were also made by few others, but without looking into those deficiencies, the election to the Central Council of Homoeopathy has been notified by the Returning Officer. The petitioner also raised the plea that State of Jharkhand having come into existence with effect from 15.11.2000, a Returning Officer of Bihar cannot hold election of Bihar and Jharkhand jointly. The Returning Officer, who was impleaded as respondent no. 6 (present appellant) filed counter affidavit in opposition to the writ petition on 3rd January, 2007. He stated in the counter affidavit that the Government of India in its order dated 5th October, 2006 has clarified that since after creation of the State of Jharkhand, no separate register of Homoeopathic practitioners has been published in the State of Jharkhand, nor the register of the practitioners in the erstwhile State of Bihar has been bifurcated nor separately maintained, the election to the Central Council of Homoeopathy be conducted for the States of Bihar and Jharkhand. He emphasised that the procedures prescribed in the Homoeopathy Central Act, 1973 (for short, 'the Central Act '), the Bihar Development of Homoeopathic System of Medicine Act, 1953 (for short, 'the State Act ') and the Homoeopathy Central Council Election Rules, 1975 (for short, 'the Central Election Rules ') have been followed and election notice has been issued in conformity with these statutory provisions.

(3.) THE Single Judge noticed the diverse provisions of the State Act, and the Central Election Rules and held thai up -to date electoral list having not been prepared, the proper election was not possible, According to the Single Judge, although the date of electoral fist is mentionded as 30th June, 2006, but the said list, has been prepared much before the bifurcation of the State of Bihar and only some names have been added and based on that the electoral list cannot be said to be proper. He, accordingly, quashed and set aside the election notice dated 7th November, 2006 and all subsequent processes in respect to the concerned election. The Single Judge directed the Registrar, Bihar State Homoeopathic Medicine Board to prepare the register in accordance with the provisions of law and on that basis publish a fresh electoral roll and only thereafter elections should be held. It is this order passed by the Single Judge on 5th January, 2007 Ed. -Reported in this issue at Pg. 840 [2009(1) PLJR 840], that is impugned in the present Letters Patent Appeal.