Judgment:
Civil Writ Petition No.10209 of 2013 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.10209 of 2013 Date of decision : 30.06.2014 Dr.
Arun Mitra and others ......Petitioners versus State of Punjab and others ........Respondents CORAM: HON'BLE Ms.JUSTICE RITU BAHRI Present: Mr.D.S.Patwalia, Senior Advocate, with Mr.Sehaj Bir Singh, Advocate, for the petitioneRs.Mr.Rupam Aggarwal, DAG, Punjab.
Mr.Abhishek Singh, Advocate, for respondent No.2.
Mr.Munish Jolly, Advocate, for respondent No.4.
Mr.Jatin Salwan, Advocate, for respondent No.5.
**** RITU BAHRI , J.
Challenge in this petition is to the order dated 06.05.2013 (Annexure P-6) passed by the Principal Secretary, Medical Education & Research, whereby the enquiry report dated 06.05.2013 has been accepted and the election of Punjab Medical Council was declared as void.
Dr.
Parminder Singh Brar-respondent No.4 had filed CWP No.17352 of 2011 before this Court, challenging the election of members of the Punjab Medical Council, held on 04.09.2011.
In the said election, 10 candidates were declared elected.
The ground of challenge was that the election was held on account of bogus ballot papers and mal- practices.
Vide order dated 02.12.2011 (Annexure P-7) passed by this Prasher Ajay 2014.07.02 11:35 I attest to the accuracy and integrity of this document High Court Chandigarh Civil Writ Petition No.10209 of 2013 2 Court, a direction was given to the Government to take appropriate action in accordance with las, as per Rule 15 of the Punjab Medical Registration Rules (Annexure P-1).Thereafter, the Government appointed Shri Raj Kamal Choudhary, MD NRHM, as enquiry officer and he gave his report dated 06.05.2013 to the effect that the election was vitiated due to procedural lapses and was liable to be declared void.
Grievance of the petitioners is that this report was given by the enquiry officer by associating Dr.
Parminder Singh Brar-complainant (respondent No.4) and the other elected members were not associated in the said enquiry.
Vide order dated 06.05.2013 (Annexure P-6).this enquiry report has been accepted and a direction has been given to conduct fresh election.
The enquiry report and the order dated 06.05.2013 (Annexure P-6) have been passed without giving opportunity to the petitioner, who were duly elected on 04.09.2011.
This factual aspect has not been disputed by the respondents.
Keeping in view the fact that the aforesaid enquiry was conducted without associating the petitioneRs.the order dated 06.05.2013 (Annexure P-6) is set aside and a direction is given to the respondents to conduct the enquiry as per Rule 15 of the Punjab Medical Registration Rules afresh, after associating the petitioners and other elected members and thereafter, take appropriate action within a period of one month.
The petition stands allowed accordingly.
30.06.2014 (RITU BAHRI) Prasher Ajay ajp JUDGE201407.02 11:35 I attest to the accuracy and integrity of this document High Court Chandigarh