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DEVENDRA KUMAR UPADHYAYA, KISHORE C. SANT
Arun Nanasaheb Kadam – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
Devendra Kumar Upadhyaya, CJ.
(A) CHALLENGE:
1. By instituting the proceedings of this petition, filed under Article 226 of the Constitution of India, the petitioners who are elected President and Vice President of Maharashtra Nursing Council (hereinafter referred to as the Council) and other elected and/or nominated members, challenge the validity of the impugned Notification dated 5th July 2023, issued by the State Government in the Department of Medical Education and Drugs whereby, the Government has dissolved the Council and has appointed one Dr. Anant Shingare, Assistant Professor, G.G.M.C. and Sir J.J. Group of Hospital, Mumbai as its Administrator, till the new Council is constituted in the prescribed manner.
(B) BACKGROUND FACTS:
2. The term of the last elected Council was to end in December 2018 and accordingly, the elections for constitution of the Council was due in the year 2018, however, since the Council was not being constituted by election, the issue was taken up before this Court at Mumbai and in Notice of Motion No.613 of 2018 in writ petition No.2005 of 2012, this Court passed an order directing State Government to take action strictly in conformity with th
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