TARA PRAKASH YADAV Vs. PANKAJ SHARMA

JUDGEMENT

(1.) LEAVE to file appeal is granted. IA No. 25165/2012 is disposed of. Documents are taken on record. IA No. 25166/2012 is also disposed of.

(2.) HEARD finally with the consent of learned counsel for the parties.

(3.) IT is averred in the writ petition that the election of one member of the Central Council of Homeopathy, New Delhi is to be held amongst the registered Homeopathic practitioners from the State of Rajasthan; the Ministry of Health and Welfare, Aayush Department, Government of India has appointed the Returning Officer. Initially, Notification dt. 25.06.2012 was issued declaring the process of election and its schedule. Being one of the contesting candidates, the petitioner has also submitted his nomination form for contesting the election. On due scrutiny of the nomination forms, notice No. 2012/11 dt. 12.07.2012 was issued by which out of eleven nomination forms, eight had been rejected; for rejection of those nomination forms, reason as mentioned in the notice was that they were not properly filled by following the instructions. Subsequently, notice No. 2012/12 has been issued on the same date i.e. 12.07.2012 by which aforesaid eight forms have been declared valid; as such, they have been allowed to contest the election and the previous notice No. 2012/11 dt. 12.07.2012 has been cancelled on the same date. Some of the candidates had filed more than one nomination paper, however 11 nomination papers were submitted and out of the same, nominations of 5 were found to be valid in the subsequent notice No. 2012/12. Hence, the subsequent notice issued being violative of the provisions of Homeopathy Central Council (Election) Rules, 1975 (hereinafter referred to as 'the Rules of 1975'), is liable to be quashed. It is further averred in the petition that Observer has to be appointed by the Central Council; objections were also raised by way of filing representation before the Returning Officer, which was not considered. Hence, the writ petition has been preferred. Interim order dt. 25.07.2012 was passed by Single Bench staying operation of the subsequent notice No. 2012/12 dt. 12.07.2012.