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CHATTISGARH HIGH COURT
G. P. Singh, J
Ajay Singh Rajput and Others v. State of C. G. and Others
| Table of Content |
|---|
| 1. challenge to election order due to procedural violations. (Para 1 , 2 , 3) |
| 2. arguments presented for and against the validity of the election. (Para 4 , 5 , 6 , 7) |
| 3. court's examination of relevant laws and implications. (Para 8 , 9 , 10 , 11) |
| 4. determination of whether rules are mandatory or directory. (Para 14 , 22) |
| 5. remittance of matter for reevaluation of election merits. (Para 25 , 26) |
1. Challenge in this petition is to the order dated 23-7-2013 (Annexure P - 1) passed by respondent No. 1 allowing the application filed by the private respondents under S.24 of the Pharmacy Act, 1948 (for short the "Act of 1948") calling in question the election of the members of the Chhattisgarh State Pharmacy Council where the petitioners herein were also elected as such.
2. Facts of the case in brief are that as per S.19 of the Act of 1948 in every State there would be a pharmacy council consisting of six members, elected from amongst themselves by registered pharmacists of the State. Vide order dated 16-2-2012 passed by the State Government one Dr. R. R. Sahni, Joint Director, Health Services was appointed as returning officer for conducting election of 6 members of Chha
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