Delhi High Court
Sandesh Mayekar vs Union Of India And Ors on 2 February, 2023
2023/DHC/000799
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 700/2019 & C.M.No.3052/2019
SANDESH MAYEKAR ..... Petitioner
Through: Mr.Varun Singh with Ms.Kajal
S.Gupta, Ms.Alankriti Dwivedi and
Mr.Himanshu Yadav, Advocates.
versus
UNION OF INDIA AND ORS ..... Respondents
Through: Ms.Monika Arora, CGSC with
Mr.Yash Tyagi, Advocates for R-1.
Mr.Surekha Raman with
Ms.Unnimaya S., Advocates for R-2.
Mr.T.Singhdev with Mr.Aabhash,
Advocates for R-3/DCI.
Mr.Vishaal Jogdand, Advocate for
R-4.
Mr.Siddharth Dharmadhikari,
Mr.Aaditya Pande, Mr.Raghav
Sharma and Ms.Sakshi Goyal,
Advocates for R-5.
% Date of Decision: 02nd February, 2023
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE SAURABH BANERJEE
Signature Not Verified
Digitally Signed By:JASWANT
SINGH RAWAT
Signing Date:04.02.2023
15:08:34 W.P.(C) No.700/2019 Page 1 of 4
2023/DHC/000799
JUDGMENT
MANMOHAN, J: (ORAL)
1. Present writ petition has been filed challenging the electoral process
leading to the election of a member of Dental Council of India (DCI) in the
State of Maharashtra. However, due to passage of time and as the next
election for the same post is now due later this year, learned counsel for the
petitioner confines his prayer to reform of the electoral system to make it
more transparent.
2. Learned counsel for the petitioner states that as per the report dated
23rd July, 2018 prepared by respondent No.5, the maintenance of electoral
register prior to the last election was done by the Indian Dental Association
whose president was also elected as a member of DCI in the last election
held by respondent Nos. 4 & 5. He states that it is of utmost importance that
the preparation of electoral list should be done by the statutory authorities
without any interference from any interested party.
3. He submits that in terms of Chapter II, Regulation III (2) of Dental
Council (Election) Regulation, 1952, respondent Nos. 4 and 5 should ensure
that there is two stage preparation of electoral list. In terms of stage one,
respondent Nos. 4 & 5 should fix a date for preparing the preliminary
electoral list. He points out that in 2007, the respondents had published a
date for preparing the preliminary electoral roll. Subsequently, after
receiving comments from the relevant stakeholders, the respondents had
published the electoral roll. He emphasises that respondent Nos. 4 & 5
should ensure that a period of thirty days is available to the public at large to
raise objections to the preliminary electoral roll. He points out that the
scheme of the Act is to provide a minimum of thirty days to raise such
Signature Not Verified
Digitally Signed By:JASWANT
SINGH RAWAT
Signing Date:04.02.2023
2023/DHC/000799
objections. Section 32 (4) of the Dentist Act, 1948 (for short 'Act') provides
for raising objections before a Tribunal for deletion of name within thirty
days time period. Therefore, according to him, the scheme of the Act as well
as the Rules provide a minimum period of thirty days to raise objections. He
also states that respondent Nos. 4 & 5 should ensure that the dates of
publication of the preliminary and final electoral rolls are published in two
newspapers, a local newspaper and an English newspaper, which have a
wide circulation across the State of Maharashtra. He further prays that the
final electoral roll should be published on the official website of respondent
No.5.
4. Learned counsel for the respondents, without prejudice to their rights
and contentions, have taken the aforesaid suggestions in a positive way.
5. This Court is of the view that the preparation and maintenance of
electoral list should be done independently by respondent Nos. 4 & 5 in
terms of Section(s) 31 & 39 of the Act and there should be no interference
by any third party, in particular, a person or an entity who intends to contest
such an election.
6. This Court finds merit in the suggestion given by learned counsel for
the petitioner and directs the respondents, through their designated officers
to formulate and implement a two stage preparation of the electoral list i.e.
by first preparing a preliminary electoral roll and then a final electoral roll,
after giving an opportunity to the aggrieved parties to raise objections within
thirty days. The schedule to raise objections at both the stages should be
published in two widely read newspapers (local language and English
language) in the State of Maharashtra. This Court also directs that the final
electoral roll so prepared should be published on the official website of
Maharashtra State Dental Council.
Signature Not Verified
Digitally Signed By:JASWANT
SINGH RAWAT
Signing Date:04.02.2023
2023/DHC/000799
7. With the aforesaid directions, present writ petition along with
pending application stands disposed of. This Court clarifies that the
directions given by this Court are prospective in nature and it has not
commented upon the merit of the previous election held.
MANMOHAN, J
SAURABH BANERJEE, J
FEBRUARY 02, 2023/KA
Signature Not Verified
Digitally Signed By:JASWANT
SINGH RAWAT
Signing Date:04.02.2023
