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2007 DIGILAW 356 (CAL)

PARAMA NANDA MAHATO v. UNION OF INDIA

2007-05-10

DIPANKAR DATTA

body2007
( 1 ) THE petitioner is a doctor practising Homoeopathy. He is registered with the Council of Homoeopathic Medicine/west Bengal. ( 2 ) FOR the purpose of election of members from West Bengal (four in all) to the Central Council of Homoeopathy, the petitioner is an elector. Voting paper was sent to him by the returning officer. It is the petitioner's grievance that the voting paper bears a serial number which is exactly the same serial number printed on the certificate issued in his favour by the council of Homoeopathic Medicine and, in view thereof, once he casts his vote his identity would be disclosed, which is not permissible in terms of the rules governing the field of election of members to the Central Council of Homoeopathy. ( 3 ) MR. Roy Chowdhury, learned Counsel appearing on behalf of the petitioner has invited the attention of this Court to the various provisions of homoeopathy Central Council (Election) Rules and has contended that the action of the returning officer cannot be sustained in law. ( 4 ) MR. Dutta, learned Counsel appearing for the returning officer on the other hand has sought to impress this Court the reason for which serial number had been inserted in the voting paper of the petitioner having the same serial number as the one inserted in his certificate issued by the council of Homoeopathic Medicine. ( 5 ) THIS Court finds it unnecessary to adjudicate the rival contentions in view of Section 4 of the Homoeopathy Central Council Act, 1973 which reads as follows : 4. Mode of election - (1) An election under clause (a) or clause (b) of sub-section (1) of section 3 shall be conducted by the Central Government in accordance with such rules as may be made by it in this behalf. (2) Where any dispute arises regarding any election to the Central council, it shall be referred to the Central Government whose decision shall be final. ( 6 ) THE word election, when construed narrowly, would mean the final selection of a candidate on contest if there be a poll, or a particular candidate being returned unopposed when there is no poll. However, construed in a wider sense, the word election would connote the entire process consisting of several stages by which a candidate is returned as an elected member, whether or not it is necessary to hold a poll. However, construed in a wider sense, the word election would connote the entire process consisting of several stages by which a candidate is returned as an elected member, whether or not it is necessary to hold a poll. The process would include various stages like issuance of election notification, presentation of nomination papers, scrutiny thereof, issuance of voting paper, casting of vote, etc. and culminate in declaration of result. ( 7 ) THE expression "election. . . . . . . . . . . . . . . . shall be conducted" in Section 4 (1) of the Act specifically points to the wide meaning, and that meaning can also be read consistently into the other relevant statutory provisions. One may, in this connection, profitably refer to the decision of the Apex court reported in AIR 1952 SC 64 : N. P. Ponnuswami v. The Returning officer. ( 8 ) THIS Court upon consideration of the provisions of the Act and the Rules concludes that the word election in Section 4 of the Act has been used with reference to the entire process starting from issuance of election notification and ending with the declaration of result, since there is nothing in the context to indicate a contrary intention ; and, therefore, the dispute which has been raised before this Court is one which could be referred to the Central Government in terms of Section 4 (2) of the Act. ( 9 ) SINCE the stature provides a forum for resolution of election dispute as the one raised herein, judicial prudence demands that this Court should refrain itself from pronouncing on the merit of the contentions raised and to leave the petitioner to agitate his grievance before the Central Government, if so advised, The writ petition stands disposed of granting liberty to the petitioner to approach the Central Government and if such an approach is made, it is expected that the Central Government would consider the dispute so raised and dispose it of in accordance with law expeditiously. Needles to say, declaration of result in pursuance of the impugned election process shall abide by the decision of the Central Government in the event it is called upon to give its decision. ( 10 ) THERE shall be no order tor costs.