Case Note & Summary
The petitioner, a registered member of the Karnataka Medical Council, filed a writ petition under Articles 226 and 227 of the Constitution challenging the actions of the Returning Officer in the conduct of elections to the Council. Elections to the Council had not been held for some time, leading to earlier writ petitions before the High Court. The Court directed the second respondent to conduct elections as per the Karnataka Medical Registration Act, 1961. The Rules were amended regarding the appointment of Returning Officer, and the second respondent was appointed and issued a calendar of events on 25-11-2019. Other writ petitions were pending, and the Court directed inclusion of certain members. The Returning Officer notified an electoral list adding 37,298 voters. The petitioner challenged this action, contending that the list was not in accordance with the Act and Rules. The Court passed interim orders directing that elections proceed only on the basis of the Council's list, later modified to allow elections under the Rules. The election took place on 23-01-2020 and counting on 25-01-2020, but the Court ordered that results not be given effect to. The matter was heard on preliminary objections. The petitioner argued that the entire process was vitiated by fraud by the Returning Officer, who added voters on his own volition and violated statutory publication requirements. The respondents contended that the petitioner had no locus, having participated in the election, and could not approbate and reprobate; further, the Returning Officer acted within the law and the petitioner had an alternative remedy of raising an election dispute under the Rules. The Court reserved judgment and framed two preliminary issues: whether the writ petition is maintainable on grounds of estoppel and whether the petitioner must exhaust the alternative remedy. No final decision was rendered in this order.
Headnote
A) Constitutional Law - Writ Jurisdiction - Maintainability - Constitution of India, Art. 226 - The writ petitioner, a member of Karnataka Medical Council, challenged the electoral process alleging fraud by Returning Officer; respondents raised preliminary objections that petitioner, having participated in election, is estopped from challenging it and that alternative remedy under the Karnataka Medical Registration Rules exists; court framed these as points for consideration (Paras 11).
B) Election Law - Medical Council Elections - Alternative Remedy - Karnataka Medical Registration Rules, 1963 - The objection that once elections are over, the petitioner must raise an election dispute under the Rules was raised; the court framed this as a preliminary issue for determination (Paras 11).
Issue of Consideration
Whether the writ petition is maintainable when the petitioner participated in the election process and later challenged it, and whether the petitioner must exhaust alternative remedy under the Karnataka Medical Registration Rules before approaching the High Court under Article 226.
Law Points
- maintainability of writ petition
- estoppel
- alternative remedy
- election dispute under Karnataka Medical Registration Rules
Case Details
2021 LawText (KAR) (06) 1
Writ Petition No.211065/2020 (CS-EL/M)
Ameet Kumar Deshpande, Y.H. Vijaykumar, Shivakumar R. Tengli, R.C. Nagaraj, Doreraj, S.S. Mamadapur
Dr. Gachinamani Naganatha
State of Karnataka & Ors.
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution challenging the conduct of elections to the Karnataka Medical Council.
Remedy Sought
Petitioner sought a writ of mandamus directing the Returning Officer not to act upon the list of members for election and for conduct of elections in accordance with law.
Filing Reason
The Returning Officer allegedly added 37,298 voters to the electoral list on his own volition, without basis in the list provided by the Council or Indian Medical Association, and published the list on his own website in violation of the Karnataka Medical Registration Act and Rules.
Previous Decisions
Earlier writ petitions (40880-40882/2017) had directed holding of elections; this Court by orders dated 17-01-2020 and 20-01-2020 directed conduct of elections only in terms of the Council's list and later gave liberty to proceed under the Rules. On 17-02-2020, the Court directed that election results not be given effect to. The present order reserved judgment on preliminary objections regarding maintainability.
Issues
Whether the writ petition suffers from want of maintainability on ground of estoppel on part of petitioner who participated in the election?
Whether the election being over, the petitioner has to raise an election dispute under the Rules?
Submissions/Arguments
Petitioner: Returning Officer committed illegality by adding 37,298 voters on his own, violating statutory mode of publication; specific court directions not complied; fraud vitiated process.
Respondents: Petitioner lacked locus as he participated and lost; he cannot approbate and reprobate; Returning Officer acted within Act and Rules; writ petition not maintainable as alternative remedy under Rules exists.
Judgment Excerpts
The kernel of this conundrum is the manner of conduct of elections to the Karnataka Medical Council by the 2nd respondent/Returning Officer.
It is this action of the Returning Officer that was called in question in this writ petition.
the following points arise for my consideration: "(i) Whether the writ petition suffers from want of maintainability on two counts? (a) Estoppel on the part of the petitioner; (b) Elections being over, the petitioner has to raise an election dispute under the Rules. (ii) Whether the elect..."
Procedural History
Earlier writ petitions (40880-40882/2017) filed seeking directions to hold elections; Court directed conduct of elections per Karnataka Medical Registration Act, 1961; Rules amended regarding appointment of Returning Officer; second respondent appointed and issued calendar of events on 25-11-2019; other writ petitions pending, Court directed inclusion of certain members; Returning Officer added 37,298 voters; present writ petition filed; by order dated 17-01-2020 Court directed elections only as per Council's list; on 20-01-2020 modified to allow elections under Rules; election held 23-01-2020, counting 25-01-2020; by order 17-02-2020 results not to be given effect; matter heard and reserved on 09-03-2021; present order frames preliminary issues but does not decide them.
Acts & Sections
- Karnataka Medical Registration Act, 1961:
- Karnataka Medical Registration Rules, 1963:
- Constitution of India: 226, 227
