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1950 Supreme(Mad) 147

P.V.RAJAMANNAR, SOMASUNDARAM
Dr. V. Ramakamath – Appellant
Versus
The Surgeon-General with the Government of Madras – Respondent


Advocates:
V. Ramaswami Aiyar and M. Natesan for the Petitioners.
The Advocate-General (K. Rajah Aiyar) for the Government Solicitor for Respondent.

Judgment

The Chief Justice.-This is an application for the issue of a writ of certiorari to call for the papers and quash the proceedings of the Surgeon-General with the Government of Madras passed in P. No. 281-Misc., dated 28th November, 1949, declaring the election of the petitioners and three other persons as members of the Madras Medical Council void and calling upon the electorate to make a fresh election. The events which led up to this order which is sought to be quashed are as follows: Under section 5, sub-section (1) of the Madras Medical Registration Act, a Medical Council shall be established for the Province of Madras consisting of 15 members. Of these seven members have to be elected by the Registered Practitioners from amongst themselves. In the elections held for electing seven such members in October, 1946, the petitioners and three others were declared duly elected on 27th October, 1946. Of these the first petitioner was unanimously elected as the President of the Council under section 5(3) of the Act, on 23rd November, 1946. On 6th November, 1946, a letter was addressed by six of the defeated candidates to the Registrar, Medical Council, to circulate to the member



































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