JUDGMENT :

1. The petitioner is a registered medical practitioner in West Bengal and is an Overseas Indian Citizen. He has preferred the present challenge primarily for dissolution of the present body acting at the helm of the West Bengal Medical Council. Initially the matter was filed as WPO 382 of 2018, but later renumbered as WPA 8140 of 2022.

2. Although the petitioner had originally challenged the vires of Section 11 (2) of the Bengal Medical Act, 1914, he does not press such challenge at the final hearing.

3. The petitioner, appearing in person with the leave of court, submits that the five-year statutory term of the last elected Medical Council of West Bengal expired on July 15, 2018. No election, as provided in law, has been held since then and the last-elected body has been continuing in office unlawfully.

4. Section 11 (1) of the Bengal Medical Act, 1914 (for short, “the 1914 Act”) provides that the term of office of a member of the Council, nominated or elected under Section 4 or nominated under Section 5, shall commence on such date as may be notified in this behalf by the State Government in the Official Gazette.

5. Sub-section (2) of Section 11 says that, subject to the provisions of Sections 9 and 10, the term of office of members shall be five years plus such period as may elapse between the period of five years aforementioned and the date notified in the notification under subsection (1) next following such period of five years.

6. The petitioner next places the provisions of the West Bengal Medical Council (Temporary Supersession) Act, 1985 (in brief, “the 1985 Act”).

7. As per Section 3 (1) of the said Act, with effect from the date of coming into force of the said Act and for a period of two years thereafter, the Medical Council shall stand superseded.

8. Sub-section (2) of Section 3, however, provides that the State Government may, if it considers necessary so to do, by notification published in the Official Gazette, extend from time to time the period of supersession referred to in sub-section (1) by any period not exceeding six months at a time, so however, that the aggregate period of supersession under the section shall not exceed three years.

9. The 1985 Act was followed by the West Bengal Medical Council (Temporary Supersession) (Amendment) Ordinance, 2012, but the Ordinance was never translated into an Act.

10. It is submitted that, after the last-elected body completed its term on July 15, 2018, not only was no election held, no ad hoc committee was appointed either. It is, thus, argued that the said body has been continuing thereafter unlawfully and should immediately by dissolved. The petitioner also prays for directions to hold a new election.

11. The respondents, at the outset, object to the locus standi of the petitioner to maintain an application under Article 226 of the Constitution of India, since he is not a citizen or resident of India. The petitioner is a US citizen and cannot invoke fundamental rights under the Constitution, nor can he vote or stand as a candidate in the West Bengal Medical Council elections, it is argued.

12. As per the proviso to Section 4 (1) of the 1914 Act, no registered practitioner shall be entitled to vote or stand as a candidate for election at an election of members under the clause unless he- (a) is a citizen of India ; and (b) either resides or carries on his profession or is employed in West Bengal.

13. Further, Section 6(d) of the 1914 Act provides that a person shall be disqualified for being elected or nominated as a member of the Council if he is not a citizen of India, either residing or carrying on his profession or employed in West Bengal.

14. Thus, the respondents contend, the petitioner has practised fraud upon the Election Commission and the Court by participating in the elections and moving this court in writ jurisdiction.

15. The respondents next contend that the 2018 election was duly notified on May 4, 2018 but could not proceed further due to an interlocuto