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2018 Supreme(Del) 1486
IN THE HIGH COURT OF DELHI AT NEW DELHI
S. Ravindra Bhat, A.K. Chawla, JJ.
Dr. Vanitha. R – Appellant
Versus
Ministry of Ayush & Anr. – Respondents
LPA 167 of 2018, C.M. APPL.12496 of 2018, 12497 of 2018, 12498 of 2018 & 15093 of 2018
Decided On : 11-07-2018
For the Appellant :Sh. V.P. Singh, Sr. Advocate with Sh. Vinay Bhasin, Sr. Advocate, Sh. Arjun Pant and Ms. Isha, Advocates.
For the Respondent:Sh. Sandeep Sethi, ASG with Sh. Kirtiman Singh, CGSC, Sh. Prateek Dhanda, Sh. Waize Ali Noor and Sh. Saeed Qadri, Advocates, Sh. Jatan Singh, Sh. T.K. Joseph, Sh. P.K. Jayakrishnan and Sh. Pavan Madhukar, Advocates
For the Applicant/Intervener :Sh. Ravi Sikri, Sr. Advocate with Sh. Suryadeep Singh and Sh. Deepank Yadav, Advocates, in C.M. Appl.19864/2018.
Headnote:
Indian Medicine Central Council Act, 1970 - Section 2(5), 134 - Election of president - Lost of election - Term of application, discussed - Continued to occupy the post of President - He was asked to vacate by the Supreme Court - His tenure as the central council member ended in July, 2017 - What was advertised for election in March 2017 was not the "casual vacancy" of member of central council - Election of members of the Taluk Panchayats, who in turn were to elect Chairperson and Vice Chairmen - Re-designation of a reserved vacancy category led to dispute - Whether, the election of the reserved candidate was for the balance period - Term for members was 5 years - For Adhyaksha was 20 months - Held, appellant's five-year term would be from the date of her election as President of the council, subject to the earlier ending of her tenure as a council member - Appeal is allowed - Elections held in March 2018 are set aside.
Indian Medicine Central Council Act, 1970 - Section 7(1) - Election of president - Electoral processes - Application of Section 7 (3) - Section 7 (3) does not apply to elections to the position of President or Vice President - A clear term is provided for in respect of such posts - Such functionaries undergo two electoral processes - One, earlier as members and the second, later by the entire college of members of the central council.
S. RAVINDRA BHAT, J.
1. Dr. Vanitha R (hereinafter referred to as “appellant”) is aggrieved by the Ld. Single Judge’s decision, rejecting her writ petition. She approached this court, challenging a letter dated 08.03.2018 issued by the Union Ministry of Ayush (hereinafter referred to “the Union”) stating that her tenure as President of the Central Council of Indian Medicine (hereinafter referred to as "CCIM") had expired on 04.07.2017 and, requiring her to forthwith vacate that said office. The appellant also challenged the other letters, which initiated consequential action scheduling fresh elections to the post of the President have been scheduled for 23.03.2018.
2. In the present case, the relevant facts are that, Dr. Ved Prakash Tyagi was earlier elected as the President of CCIM and remained so till 27.08.2016. Since he was defeated in the CCIM elections in 2016 and he ceased to be a member of that body, the Supreme Court, vide its order dated 22.08.2016, directed him to discontinue as the CCIM President. Thereafter, as per the terms of Regulation 5(2) of the Central Council of Indian Medicine (General) Regulations, 1976 (hereinafter referred to as “the Regulations”), Dr. V. Arunachalam, the Vice President of CCIM was handed over charge of the post of President. Pursuant to the resolution of the CCIM executive dated 27.02.2017 with regard to holding of fresh elections for the post of President on 14.03.2017, notice under Section 7 (1) of the Indian Medicine Central Council Act, 1970 (hereinafter referred to as “the Act”), calling for elections to the post of CCIM President was issued. In ensuing elections held on 14.03.2017, the appellant was elected as the President.
3. The appellant claims to have taken steps to improve the CCIM’s working. Furthermore, Mr. V.D Raghnandan Sharma objected to her election under Sections 7 (1) and (3) of the Act. In response to this, while rejecting the representation, the Union, vide its letter dated 24.08.2017, specifically stated that the elections to the posts of President and Vice-President were conducted under Section 7 (1) the Act, whereas Section 7 (3) which dealt with issue of filling of casual vacancies, applied to other CCIM members. However, subsequently, the Union took the position that the appellant’s term was valid only till 04.07.2017, i.e., for the remaining period of the previous President’s term. The impugned letter directed the appellant to vacate the post of President with immediate effect and further directed the CCIM Secretary to conduct fresh elections for that post. The appellant requested the respondents, including the Union, to withdraw the letter, but instead of doing so, it directed completion of elections by 25.03.2018. Thereafter, on 09.03.2018, office memoranda were issued by the Union to the various authorities, asking them to ensure that the appellant had vacated her office by 5:00 p.m. that day. The appellant also placed reliance on a letter by the Secretary of CCIM dated 10.03.2018 to say that he was forced to sign and issue a notice for election after 8:00 pm on 09.03.2018, by the Union.
4. Alleging these facts, the appellant approached this court and also sought urgent interim relief as well. She relied on Sections 2, 3, 7 and 36 of the Act and provisions of the Regulations. Firstly, it was contended that the Union’s action is premised on the fact that the appellant was elected against a casual vacancy, which was erroneous, because in terms of the scheme of the Act elections to the post of President could take place only against a regular vacancy and the Act does not envisage filling up of a casual vacancy of the post of President by way of election. The Appellant also urged that in casual vacancies of President, are filled up only under Regulation 5(2) of the Regulations framed under Section 36 of the Act. Regulation 5(2) provides that, in case there is a casual vacancy in the post of President, the Vice-Presidents of each of the three branches -
