ORDER

The petitioner is before this Court calling in question a notification dated 02.01.2023 issued by respondent No.4 - the Returning Officer of the Karnataka State Dental Council, whereby the calendar of events is notified by respondent No.4 depicting conduct of elections to the Karnataka State Dental Council.

2. Heard the learned Senior counsel, Sri. Jayakumar S. Patil, appearing for the petitioner, Sri. B.V. Krishna, learned AGA appearing for respondent Nos.1 and 2 and the learned Senior counsel, Sri. K. Shashi Kiran Shetty, appearing for respondent Nos.3 and 4.

3. Facts adumbrated are as follows:

The petitioner claims to be practicing as a Dentist and is registered with the Karnataka State Dental Council. Notwithstanding the petitioner being a Dentist having registered before the Dental Council, her name does not figure in the voters list as is published by the Karnataka State Dental Council on 02.01.2023/04.01.2023. It is claiming that the name of the petitioner and the like have been missed out in the voters list, elections conducted should be set aside. It is on such premise the petitioner is before this Court.

4. Learned Senior counsel, Sri. Jayakumar S. Patil, appearing for the petitioner would seek to contend that there are about 55,000 members in Karnataka having registered as Dentists, the voters list depicts only 14,623 dentists, as voters for the election, as is drawn by the Returning Officer. He would contend that the preliminary voters list was never published, objections were never called, and even the final voters list is published by way of e-gazette and the rules contemplate publication by way of a gazette and e-gazette would not satisfy the tenor of the rule. He would therefore, contend that the elections that are already conducted should not be permitted to be taken to its logical conclusion on the aforesaid facts.

5. Learned Senior counsel, Sri. Shashi Kiran Shetty, representing respondents 3 and 4 would refute the submissions to contend that the preliminary voters list was not only published on the website, but also published in the news papers by way of a notification on 28.11.2022 and few of the dentists, whose names had not been found, did file their objections and after consideration of those objections, a final voters list was published on 02.01.2023, therefore the submission that the preliminary voters list was never published, is contrary to the record. He would place reliance upon the judgment of the Apex Court in the case of SHAJI K. JOSEPH V. V. VISWANATH1 to contend that this Court would not entertain a petition calling in

1 (2016) 4 SCC 429 question elections, that too, after issuance of a calendar of events and the election petition would be the only remedy available in law.

6. I have given my anxious consideration to the submissions made by the respective learned Senior counsel representing the petitioner and the respondents and have perused the available material on record.

7. in the light of the afore narrated facts, the issue lies in a narrow compass. The elections to the Dental Council was sought to be initiated by respondent No.4 by issuance of a calendar of events on 02.01.2023. Prior to such issuance, the procedure of conduct of elections were indeed undertaken by respondent No.4. The preliminary voters list was issued, by way of a notification on 25.11.2022, depicting the number of voters in the ensuing elections, this is also published in the newspaper on 28.11.2022, which reads as follows:

¸ÀASÉå : PÀgÁzÀA¥À/¥ÀZÀÄ/01-2022-23 ¢£ÁAPÀ : 28.11.2022 NOTIFICATION Notice is hereby given under Rule 3, sub rule (3) of the Mysore Dentists Rules, 1960 (read with Elections Under Section 21(a) and (b) of Dentist Act, 1948) that the claims and objections, if any, relating to the entries or omissions in the Preliminary Rolls, may be preferred in writing either in person or by registered Post addressed to the Returning Officer, Karnataka State Dental Council Elections - 2022, No.143, 5th Main Road, Cha