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 publ