Point of Law: Power of Government of India to discharge functions of President of council - Government is right in functioning of council would be impaired in absence of President/Vice President - Nothing wrong in government appointing someone to perform functions of President on a temporary basis.

ORDER :

C.M. No. 16529/2021 (for stay) in W.P.(C) 5355/2021

1. The present writ petition impugns Order dated 11th May, 2021 issued by the respondent no.1 (Government of India) by which respondent no.1 has asked the respondent no.3 (Dr. Ashok Khandelwal) to discharge the functions of President of the respondent no.2, Dental Council of India (council) with immediate effect. A further direction is sought to the respondent no.2 council to elect a Chairman of the respondent no.2 council through the process of circulation, as provided in Clauses 3 (5) and 8 of the Regulations of the Dental Council of India, 1956 (Regulations) till the posts of President and Vice President remain vacant.

2. Along with the said writ petition, the petitioners have also filed the present application, being C.M. No.16529/2021 for staying the operation of the impugned Order dated 11th May, 2021.

3. The writ petition was heard by the Roster Bench on 18th May, 2021 and on which date, counsels for the respondents were asked to obtain instructions whether elections could be held for the post of Vice President of respondent no.2 council sometime in the near future. The matter was adjourned to 27th May, 2021, on which date counsels for the respondents informed the Court that conducting elections would have to await a 40 days’ notice period as per the Regulations and therefore, cannot be conducted anytime soon, which was opposed by the petitioners. The matter was adjourned for 4th June, 2021 for the respondent no.1 to obtain instructions. On 4th June, 2021, the Roster Bench recused from hearing of the present petition and in view of the fact that the application for interim relief had been adjourned on the last two occasions, the matter was placed before the Vacation Bench on 7th June, 2021.

4. With the consent of the counsels appearing in the matter, the interim application (C.M. No.16529/2021) was heard on the said date and orders were reserved. As directed, both sides have filed written submissions as well as pleadings in W.P.(C) Nos.9053/2020 and 5339/2021, which as per the respondents are connected with the present petition. When the matter was argued on 7th June, 2021 learned senior counsel for the petitioners submitted that an application for placing on record additional documents has been filed, whereas the counsels for the respondents stated that they have filed an application for tagging the present petition with W.P.(C) No.9053/2020. However, the same were not on record. Considering the nature of the applications, the counsels were directed to e-mail the said applications to the Court Master and I have perused the contents of the said applications/documents filed with the applications before passing this Order.

5. Brief facts necessary for deciding the said application are given hereinafter. The present petition has been filed by four petitioners, who are members of the respondent no.2 council, which is the regulatory body for dentists in India, governed by the Dentists Act, 1948 (the Act). On 9th November, 2020, the then President of the respondent no.2 council, Dr. Dibyendu Mazumdar was removed by the respondent no.1. Dr. Mazumdar challenged his removal by filing W.P.(C) No.9053/2020 before this Court, in which judgment has been reserved by a Coordinate Bench on 31st May, 2021. In terms of Clause 35 of the Regulations, the Vice President of the Council acts in place of the President in case the office of the President is vacant. However, in the present case, the erstwhile Vice President of the respondent no.2 council (Dr. Bharat Shetty) also tendered his resignation from the post of Vice President as well as the membership of respondent no.2 council on 3rd May, 2021. In light of the vacancy created in the posts of President as well as Vice President, respondent no.3, being a member of respondent no.2 council, was appointed by the respondent no.1 to discharge the functions of President of the respondent no.2 council with immediate effect till elections tak