Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Indian Medicines Central Council Act 1970 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Medicine Central Council Act, 1970 (48 of 1970) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Indian Medicines Central Council Act, 1970 –s.7 – Interpretation of – Member of Central Council of IndianMedicine (CCIM) who represented the State of Uttarakhand losthis membership of CCIM – He was also holding the elected post ofthe President of the CCIM for the tenure which would have expiredon 04.07.2017 had he continued as Member – Thus, the office ofthe President fell vacant – Notice for holding election for the postof President issued – Election held on 14.03.2017– RespondentNo.1 elected as the President – Issue as to the tenure for whichelection was held – Ministry passed order holding that the electionfor the post of President was held for the remainder period availableto the erstwhile Member from Uttarakhand – Challenge thereto,dismissed by the Single Bench – However, Division Bench set asidethe said order – Held: s.7(3) deals with the casual vacancy in CCIMand makes it clear that the person elected or nominated to fill suchvacancy has to hold the office only for the remainder of the termfor which the Member whose place he takes was elected ornominated, as the case may be – In the instant case, Member fromUttarakhand lost his membership to the CCIM – He would haveheld the post of the President for the period up to 04.07.2017, hadhe continued as Member of the CCIM – Casual vacancy of post ofPresident was caused – Thus, the tenure for which election to thepost of President was held was to be, as provided u/s.7 (3) – s.7(1)provides for a term of five years, however, the casual vacancy isdealt with u/s.7(3) and both the provisions have to be harmoniouslyinterpreted – Present was not a case of regular vacancy but a casualvacancy that has arisen during the term of previous President– Thus,the period for which respondent No.1 was elected in March, 2017was confined for remainder of the term i.e. up to 04.07.2017, notbeyond that– Order passed by Division Bench set aside– Further, fresh election for the post of President held on 23.03.2018 is legaland valid – Central Council of General Medicine (General)Regulations, 1976 – Regulation 5(2). |
Judge | Hon'ble Mr. Justice Arun Mishra Hon'ble Mr. Justice Vineet Saran |
Neutral Citation | 2018 INSC 907 |
Petitioner | Ministry Of Ayush |
Respondent | Dr. Vanitha R. & Anr |
SCR | [2018] 12 S.C.R. 895 |
Judgement Date | 2018-09-27 |
Case Number | 10031 |
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