Indian Medicines Central Council Act, 1970 –
s.7 – Interpretation of – Member of Central Council of Indian Medicine (CCIM) who represented the State of Uttarakhand lost his membership of CCIM – He was also holding the elected post of the President of the CCIM for the tenure which would have expired on 04.07.2017 had he continued as Member – Thus, the office of the President fell vacant – Notice for holding election for the post of President issued – Election held on 14.03.2017– Respondent No.1 elected as the President – Issue as to the tenure for which election was held – Ministry passed order holding that the election for the post of President was held for the remainder period available to the erstwhile Member from Uttarakhand – Challenge thereto, dismissed by the Single Bench – However, Division Bench set aside the said order – Held: s.7(3) deals with the casual vacancy in CCIM and makes it clear that the person elected or nominated to fill such vacancy has to hold the office only for the remainder of the term for which the Member whose place he takes was elected or nominated, as the case may be – In the instant case, Member from Uttarakhand lost his membership to the CCIM – He would have held the post of the President for the period up to 04.07.2017, had he continued as Member of the CCIM – Casual vacancy of post of President was caused – Thus, the tenure for which election to the post 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 is dealt with u/s.7(3) and both the provisions have to be harmoniously interpreted – Present was not a case of regular vacancy but a casual vacancy that has arisen during the term of previous President– Thus, the period for which respondent No.1 was elected in March, 2017 was confined for remainder of the term i.e. up to 04.07.2017, not beyond that– Order passed by Division Bench set aside– Further, fresh election for the post of President held on 23.03.2018 is legal and valid – Central Council of General Medicine (General) Regulations, 1976 – Regulation 5(2).
Allowing the appeal, the Court
HELD: 1.1 A bare reading of the provisions contained in Section 7, Indian Medicine Central Council Act, 1970 makes it clear that person has to be first elected as Member of the Central Council of Indian Medicine (CCIM) for being elected as President or Vice President. By virtue of his holding the office as a Member, he holds the office of President or that of a Vice President. Once he ceases to be a Member, he automatically ceases to hold the office of the President or Vice President as the case may be. The President, Vice President or Member of a Central Council has to hold the office for a term of five years as provided under Section
7 read with Section 3 from the date of his election or nomination as the case may be or until his successor is duly elected or nominated, whichever is longer. [Paras 8, 9] [901-F-H]
1.2 Section 7(3) of the 1970 Act deals with the casual vacancy in the CCIM and the person elected or nominated to fill the vacancy has to hold the office only for the remainder of the term for which the Member whose place he takes was elected or nominated as the case may be. The expression ‘Casual Vacancy’ in the Central Council may arise that of a Member or in case Member was holding the post of President or Vice President, the vacancy for the post of President or Vice President along with Member may also occur simultaneously. In that event, the provision of Section 7(3) would come into play and the expression ‘casual vacancy’ ‘would include in its ambit’ the vacancy so created for the post of President and Vice President. The provisions of Section 7(3) makes it apparent that person elected or nominated to fill the vacancy shall hold the office only for the remainder of the term for which the Member whose place he takes was elected or nominated. In the instant case, Member from Uttarakhand lost his membership to the CCIM. He would have held the post of the President for the period up to 4.7.2017, had he continued as Member of the representative of the CCIM from Uttarakhand. The casual vacancy of post of President had been caused. Thus, the tenure for which election to the post of President was to be, as provided under Section 7(3). The provision of Section 7(1) provides for a term of five years however the casual vacancy is dealt with under Section 7 (3) and both the provisions have to be read together and harmoniously interpreted. It was not a case of regular vacancy but a casual vacancy that has arisen during the term of previous President. Thus, the period for which respondent No.1 was elected in March 2017 was confined for remainder of the term i.e. up to 4.7.2017, not beyond that. [Paras 10, 11] [902-A-F]
1.3 It is apparent from the notice issued for holding election that it was under Section 7(1) and it was clearly with respect to the casual vacancy. As such provisions contained in Section 7(3) would come into play. Non-mention of provisions of Section 7(3) would not govern the tenure for which election has to be held in the case of casual vacancy. Section 7(3) clearly provides that in the case of the casual vacancy the term of election is only for the remainder of the period for which outgoing person would have held the office. It has to be held on the proper interpretation of the said provisions that the term of election of the person who had been elected in the casual vacancy is only for the remainder of the period. Resultantly, the order passed by the Division Bench of the High Court is set aside. Also, election for President held on 23.3.2018 is legal and valid. The result be declared after counting of the votes in accordance with law, within a period of ten days. [Paras 18, 20] [904-E-G; 905-B-C]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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