Uttarakhand High Court
9Th July vs Union Of India And Others on 19 July, 2022
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
THE CHIEF JUSTICE SHRI VIPIN SANGHI
AND
JUSTICE SHRI RAMESH CHANDRA KHULBE
SPECIAL APPEAL NO.89 OF 2021
19TH JULY, 2022
Dr. Ved Prakash Tyagi ...... Appellant
Vs.
Union of India and Others ...... Respondents
Presence: -
Shri Aditya Singh and Shri Ankur Sharma, learned counsel for the appellant.
Shri S. S. Chaudhary, learned Brief Holder for the State.
Shri Ramji Shrivastava, learned counsel for respondent no. 2.
JUDGMENT: (Per Shri Vipin Sanghi, C.J.)
Heard on Delay Condonation Application
(IA/2/2021).
2. Learned counsels for the respondents fairly do
not oppose the application seeking condonation of delay,
accordingly, the application is allowed. Delay in filing the
appeal is hereby condoned.
3. The present appeal is directed against the
judgment dated 17.12.2020 rendered by the learned Single
Judge in WPMS No.3328 of 2018. The said writ petition has
been preferred primarily to challenge the election of
respondent no.4 as President of CCIM (Central Council of
Indian Medicines), the result whereof declared on
02.12.2016.
4. The petitioner was aggrieved on the ground that
there were malpractices resorted to in the conduct of the
elections. It appears that the petitioner had, earlier,
preferred WPMS No.398 of 2018. That writ petition was
disposed of on 04.07.2018 directing completion of enquiry
or appointment of new Enquiry Officer in respect to the said
elections. The new Enquiry Officer was appointed by the
Central Government, which submitted enquiry report. The
petitioner was not satisfied with the said enquiry report and
consequently preferred Writ Petition No.3328 of 2018. The
learned Single Judge has dismissed the writ petition by
observing that the new Enquiry Officer had not found any
irregularity in the conduct of the elections, he also
observed, pertinently, that respondent no.4, against whom
the allegation was made by the petitioner and who was the
successful candidate in the elections, had already died and
the Central Council of Indian Medicines had been
superseded by the Indian Medicines Central Council
(Amendment) Act, 2020. Therefore, the position of the
president of the erstwhile council in any event did not
survive.
5. The submission of Mr. Aditya Singh, learned
Counsel for the appellant is that the respondents did not
comply with the order dated 04.07.2018 passed in WPMS
No.398 of 2018, inasmuch as, a de nova the enquiry was
conducted and the previous enquiry was not carried
forward.
6. In our view, looking to the developments, which
have taken place, in the meantime, which we have already
noticed herein-above the said issue is completely academic
and there is no reason for the Court to waste its time in
examining the same.
7. Mr. Aditya Singh, learned counsel for the
appellant, submits that there are aspects of illegality and
criminal conduct on the part of certain persons in the
conduct of the elections. He states that the appellant would
initiate criminal action against the persons involved. In so
far as that aspect is concerned, we have nothing to say in
the matter as it is open to the appellant to take whatever
steps he is advised in accordance with law.
8. We are, therefore, not inclined to interfere in the
impugned order. The special appeal is, accordingly,
dismissed.
9. Pending application, if any, stands disposed of.
_____________________
VIPIN SANGHI, C.J.
_____________
RAMESH CHANDRA KHULBE, J.
Dated: 19th July, 2022
SS/RB
