ANTONYDOMINIC, J. –

1. The issue that arises for consideration is whether a registered Dentist, whose name is entered in the Part A State Register, maintained under the provisions of Chapter IV of the Dentists Act, 1948, but is not included in the Electoral Roll published by the Returning Officer in terms of the provisions contained in the Dental Council (Election) Regulations 1952(hereinafter referred to as 'Regulation' for short) is entitled to be a candidate in an election held in terms of Section 3(a) of the Act to the Dental Council of India.

2. The first respondent, is a Dentist who is registered in the Part A State Register, and this factual position is not disputed by the appellants. On 8.6.2009, a Returning Officer was appointed by the State Government for conducting the election, of one registered Dentist possessing recognized dental qualification, to the Dental Council of India. On appointment, notice of election was published by the Returning Officer on 22.11.2009 which interalia stated that those who have not renewed their registration before 31st December, 2009will not have voting rights. Thereafter, on 1.6.2010Ext.R2(c) preliminary electoral roll was published by the Returning Officer in terms of Regulation 3 of the Regulations. The preliminary electoral roll published in the Gazette did not include the name of the first respondent. The notification provided that claims and objections, if any, relating to the entries or omissions in the preliminary electoral roll shall be preferred on or before 5 p.m. on 30th July, 2010. Subsequently Ext.R2(d) gazette notification was published extending the time limit for filing objections upto 31st August, 2010. This was also notified in the newspaper, a copy of which is Ext.R2(e).It is the admitted fact that despite the publication of the preliminary electoral roll and the extension of time that was allowed, the first respondent did not file any objection.

3. Subsequently, after passing orders on the objections filed, in terms of Regulation 3(4) of the Regulations, on 10.1.2011, the Returning Officer published Ext.R2(f) final electoral roll. Thereafter on 27.1.2011 Ext.P2election notification was published which also contained the schedule of elections, the details of which are unnecessary for disposing of these appeals. After publication of the election notification, on 5.2.2011, the 1st respondent submitted Ext.P3 representation to the Returning Officer complaining of the omission of his name from the electoral roll and requesting him to include his name and thereby facilitating him to vote in the forthcoming election. Orders were not passed on Ext.P3. Despite his non-inclusion in the final electoral roll, on 7.2.2011, Ext.P4 nomination was submitted, where the 1st respondent offered himself as a candidate in the election.

4. Immediately thereafter, alleging that the Returning Officer is labouring under a misconception that only a person whose name is included in the electoral roll can contest the election and that therefore his nomination is likely to be rejected when the scrutiny takes place on 9.2.2011, the 1st respondent filed the writ petition, seeking interalia to declare that a person whose name is included in Part A register of the Dental Council of the respective State is entitled to contest the election to the Dental Council of India in terms of S.3(a) of the Dentists Act and to direct the Returning Officer to act in terms of S.3 of the Act. During the pendency of the writ petition, as scheduled in the election notification, the nominations received were scrutinized by the Returning Officer on 9.2.2011.On scrutiny, the Returning Officer rejected the nomination of the 1st respondent and this was communicated to him by Ext.P6 order and the reason stated is that his name does not appear in the final electoral roll. Ext.P6 order dated 9.2.2011 reads as under:

"Nomination submitted by Dr. Viswanath V BDS, (Registration Number. 1350 PART 'A'). Flat 206, K