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DELHI HIGH COURT
AMIT BANSAL
Vivek Kumar – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petition challenging government order of appointment (Para 1 , 2) |
| 2. factual basis for legal challenge provided (Para 5) |
| 3. petitioners argue against powers of government to appoint (Para 6 , 9 , 10) |
| 4. arguments about qualifications and appropriateness of appointee (Para 7 , 8 , 14) |
| 5. counterarguments and assertions of authority discussed (Para 11 , 13) |
| 6. doctrine of necessity invoked for appointment (Para 12 , 15) |
| 7. decision to maintain democratic processes in council functioning (Para 18 , 19 , 21) |
| 8. order for elections to be held for vice president (Para 22) |
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 (Re
The Government may appoint a temporary President of a regulatory body when both the President and Vice President offices are vacant, invoking the doctrine of necessity to ensure governance continuity....
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....
The President and Vice President of the State Council can hold office for a term not exceeding five years and not extending beyond the expiry of his term as a member of the State Council. The court a....
Elections must adhere to statutory provisions and principles of natural justice, ensuring all parties are afforded a fair opportunity to present their case, particularly in administrative decisions w....
Election - Post of President, DCI - Proceedings before Committee and process by which UOI has passed impugned order, were both inadequate to meet requirements of natural justice.
The main legal point established in the judgment is that conducting elections for the 6 executive members before electing the President and Vice-President is essential to uphold democratic principles....
The main legal point established is that the Returning Officer has the authority to alter the Election Notification and re-schedule the election dates without issuing a fresh Notification, as per the....
When a statute describes or requires a thing to be done in a particular manner, it should be done in that manner or not at all.
The reservation for women in the Municipality Act includes all categories of women, irrespective of whether they are from exclusively reserved seats or unreserved seats.
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