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by Admin
07 May 2024 2:49 AM
In a significant ruling, the High Court at Calcutta, led by Justice Sabyasachi Bhattacharyya, dismissed a petition challenging the election of the President and Vice President of the West Bengal Medical Council (W.B.M.C.). The court emphasized, "The principle of factum valet also comes into play, since there was no substantial illegality in the first meeting of the members of the newly elected Council."
Dr. Kunal Saha, an Overseas Citizen of India (OCI), had raised objections over the procedural conduct of the Council's election, alleging violations of the Bengal Medical Act, 1914. The petitioner argued that the meeting and election held on November 1, 2022, were before the official Gazette notification date, thus violating Sections 11A and 11B of the Act.
The court carefully examined the petitioner's locus standi as an OCI cardholder under Sections 7A and 7B of the Citizenship Act, 1955, and Section 4 of the Bengal Medical Act, 1914. Justice Bhattacharyya noted, "The petitioner, being a registered medical practitioner having the right to practice in West Bengal, definitely has a right to so practice in an unfettered and proper manner."
In addressing the legal interpretation of the term "notification" within the Bengal Medical Act, the court found no significant illegality in the Council's first meeting held on the notification date but prior to its publication in the Gazette. "The newly-elected Council has already functioned with its President and Vice President for just over a year and has taken several decisions in the interregnum," the court observed, highlighting the potential disruptive impact of upholding the technical challenge at this stage.
Concluding the judgment, the court did not find any gross illegality in the election process of the West Bengal Medical Council. As a result, W.P.A. No.14447 of 2023 was dismissed, maintaining the status quo in the Council's functioning. This decision underscores the judiciary's approach in balancing technical compliance with practical realities in the administration of organizational elections.
Date of Decision: 20th November 2023
KUNAL SAHA VS REGISTRAR, WEST BENGAL MEDICAL COUNCIL (WBMC) and Another
