Interference with decisions of Council by Governor General.

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 members of the Madras Medical Council a memorandum of objections in respect of the said election and to summon an extraordinary meeting of the Council to decide the validity of the election. It is not necessary to set out the allegations contained in this memorandum. The Council met on 25th November, 1946 and after taking into account a report from the Returning Officer and the allegations made in the memorandum of objections, and after examining him, the Council passed a resolution as follows:

"This Council after going through the Memorandum and explanation of the Returning Officer Mr. B. Kuttappa and after examining him is of opinion that there are no grounds for allegations of corrupt practice or any other sufficient cause to set aside the elections."

On 15th April, 1947, one of the defeated candidates addressed a letter to the Registrar, Madras Medical Council, requesting that the matter may be again placed before the Council, the members whose election was in question not participating. In this letter three grounds were mentioned for a re-enquiry, namely, (1) that the matter was decided ex parte; (2) that no opportunity was given to the complainants to explain their case and to adduce proofs in support of their contentions and (3) that the persons whose elections were being challenged themselves sat in the Council and decided the matter. It appears that the objectors also addressed the Government in regard to their complaint. The Government asked the Registrar, Medical Council, to report about the decision of the Council on the Memorandum of the defeated candidates and a report was sent. The Registrar on the 5th May, 1947, replied to the defeated candidates who had complained about the disposal of the objection petition denying the allegations made by him. Sometime thereafter on 4th July, 1947, the Government passed an order G.O. Mis. No. 2313-P.H., directing the Surgeon-General to conduct a thorough investigation in the matter of the elections to the Madras Medical Council and to submit a report to enable the Government to decide whether any action under section 22 of the Act was necessary. The President of the Council was requested to provide the required facilities to the Surgeon-General to enable him to make the investigation. On 2nd March, 1948, the Government passed another Order (No. 640-P.H.), which runs as follows:-

"Whereas Dr. D.V. Venkappa and five other persons presented a memorandum dated the 6th Novermber, 1946, to the members of the Madras Medical Council through the Registrar of the said Council alleging certain corrupt practices and material irregularities in the conduct of elections of members to the said Council held during October, 1946;

2. And whereas the Madras Medical Council disposed of the said memorandum improperly in that it fa