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 with civil consequences.

JUDGMENT

Prateek Jalan, J. By way of this petition under Article 226 of the Constitution of India, the petitioner challenges an order of the Union of India ["UOI"] dated 09.11.2020, by which his election to the post of the President of Respondent No. 2-Dental Council of India ["DCI"] was declared illegal and invalid, and the Vice-President was given charge as the President, DCI.

I. Facts

2. The petitioner is a dentist within the meaning of Section 2 (e) of the DENTISTS ACT , 1948 ["the Act"]. He was nominated as a member of the DCI by the State of West Bengal, under Section 3 (e) of the Act, in the year 2010. He was thereafter elected to the post of President, DCI. On 21.05.2015, after the petitioner's term as a member of the DCI under Section 3 (e), he was elected as a member of the DCI under Section 3 (d) of the Act from Teerthanker Mahaveer University, Moradabad, Uttar Pradesh.

3. However, by a communication dated 11.09.2019, the UOI restrained him from acting as President, DCI on the ground that he had attained the age of 65 years. On 07.10.2019, the UOI declined the DCI's request to reconsider the direction contained in the letter dated 11.09.2019 and clarified that the Secretary, DCI was responsible for ensuring that members whose terms have ended do not continue in the DCI. Against the aforesaid communications dated 11.09.2019 and 07.10.2019, the petitioner has filed a writ petition before the Calcutta High Court1, which remains pending. In view of the position taken by the UOI, although without accepting its validity, the petitioner resigned from the post of President, DCI on 14.10.2019.

4. In the meanwhile, the petitioner claims to have been elected as a member of the DCI on 03.10.2019, representing the Respondent No. 3-Mahatma Gandhi University of Medical Sciences and Technology, Jaipur, Rajasthan ["MGU"]. According to the petitioner, he was coopted as a member of the Dental Faculty of MGU on 16.08.2019. MGU thereafter constituted a Committee of Court to elect a member of the DCI under Section 3 (d) of the Act. The petitioner was duly elected on 03.10.2019, and the DCI was informed of his election by MGU on 04.10.2019. This was forwarded by the DCI to the UOI on 07.10.2019.

5. Pursuant to the petitioner's resignation as President, DCI, the Secretary, DCI circulated a preliminary agenda dated 29.10.2019, for a General Body Meeting dated 15/16.12.2019. The agenda included inter alia election to the post of President, DCI from amongst the members of the DCI, and induction of new members to the DCI. A list of members, as on that date, was also circulated. This included the name of the petitioner as a member under Section 3 (d) of the Act from MGU. A final agenda was issued on 28.11.2019, including the agenda items mentioned above. Enclosed therewith was an updated list of members, consisting of 87 names. The petitioner's name continued to be shown as a member under Section 3 (d) of the Act from MGU. 1 W.P. No. 21456(W) of 2019

6. By a notification dated 29.11.2019, the petitioner was also nominated as a member of the DCI by the Respondent No. 4-State of Chhattisgarh under Section 3 (e) of the Act. The notification of the State of Chhattisgarh was forwarded by the DCI to the UOI on 09.12.2019, pursuant to a meeting of its Executive Committee held on 05.12.2019.

7. The General Body Meeting was held on 15.12.2019. 87 members, including the petitioner