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2012 Supreme(SC) 174

SWATANTER KUMAR, S. H. KAPADIA, A. K. PATNAIK
K. B. Nagur M. D. (Ayu. ) – Appellant
Versus
Union of India – Respondent


JUDGMENT

Swatanter Kumar, J.

1. The Central Council of Indian Medicine (for short ‘the Central Council’) is a statutory body, constituted in terms of Section 3 of the Indian Medicine Central Council Act, 1970 (for short ‘the Act’). Section 4 of the Act mandates that election under clause (a) or clause (b) of sub-Section (1) of Section 3 of the Act shall be conducted by the Central Government in accordance with the rules as may be made in this behalf. Where any dispute arises regarding any election to the Central Council, it shall be referred to the Central Government whose decision shall be final. Sub-section (1)(a) of Section 3 provides that the Central Council shall consist of such number of members, not exceeding five, as may be determined by the Central Government in accordance with the provisions of the First Schedule of the Act for each of the Ayurveda, Siddha and Unani systems of medicine, from each State, in which a State Register of the Indian Medicine is maintained, to be elected from amongst themselves, by the persons enrolled on that Register as registered practitioners of the respective systems. Section 3(1)(b) of the Act states that one member each of the Ayurveda, Si










































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