DR. UMESH CHANDRA SHARMA vs UNION OF INDIA & ANR.
$~31
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on: 21.12.2023
+ W.P.(C) 16633/2023 & CM APPL. 66968/2023
DR. UMESH CHANDRA SHARMA ….. Petitioner
Through: Mr. Anand Yadav, Advocate.
versus
UNION OF INDIA & ANR. ….. Respondents
Through: Mr. Vineet Dhanda, CGSC for R-1 and 2 with Mr. T.P. Singh, Assistant Secretary, VCI.
CORAM:
HONBLE MR. JUSTICE PRATEEK JALAN
J U D G M E N T
PRATEEK JALAN, J. (ORAL)
1. Issue notice. Mr. Vineet Dhanda, learned Central Government Standing Counsel, accepts notice on behalf of the respondents. With the consent of learned counsel for the parties, the petition is taken up for final disposal.
2. The petitioner, who is the President of respondent No.2/Veterinary Council of India [hereinafter, VCI], has filed this petition under Article 226 of the Constitution against two communications:
I. Letter dated 25.10.2023, addressed by the Assistant Secretary, VCI, to the President, VCI, in which it is stated that the term of elected members of VCI came to an end on 19.08.2023, and that even after maximum extension of three months, the term would end on 19.11.2023, as a result of which no meeting of VCI can be held on 20.11.2023.
II. Letter dated 13.12.2023, addressed by the Director, Ministry of Fisheries, Animal Husbandry and Dairying, Government of India, to the Secretary, VCI, in which it is stated that the Council has ceased to exist upon completion of the term of elected members on 19.11.2023, and that all decisions made thereafter are null and void ab initio.
3. The petitioner is a veterinary surgeon and was notified as an elected member of VCI on 03.09.2020. He was elected as the President of VCI on 15.01.2021. Although the normal term, both of a member and of the President is three years, the petitioner contends that he is entitled to hold office until the election of his successor, both as a member of VCI and as President of VCI.
4. I have heard Mr. Anand Yadav, learned counsel for the petitioner, and Mr. Dhanda.
5. They cite certain sections of the Indian Veterinary Council Act, 1984 [hereinafter, the 1984 Act], and the VCI (General) Regulations, 1991, [hereinafter, Regulations] made by the VCI in exercise of powers under Section 66 of the 1984 Act.
6. The relevant clauses of the 1984 Act, for the purposes of the present disputes, are reproduced below:
3. Establishment and composition of the Council.
(1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf, there shall be established a Council to be called the Veterinary Council of India.
(2) The Council shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract and shall by the said name sue or be sued.
(3) The Council shall consist of the following members, namely:
(a) five members to be nominated by the Central Government from amongst Directors of Animal Husbandry (by whatever name called) of those States to which this Act extends;
(b) four members to be nominated by the Central Government from amongst the heads of veterinary institutions in the States to which this Act extends;
(c) one member to be nominated by the Indian Council of Agricultural Research;
(d) the Animal Husbandry Commissioner, Government of India, ex officio;
(e) one member to be nominated by the Central Government to represent the Ministry of the Central Government dealing with animal husbandry;
(f) one member to be nominated by the Indian Veterinary Association;
(g) eleven members to be elected from amongst themselves by persons enrolled in the Indian veterinary practitioners register;
(h) one member to be nominated by the Central Government from amongst the Presidents of the State Veterinary Councils of those States to which this Act extends;
(i) one member to be nominated by the Central Government from amongst the Presidents of the State Veterinary Associations of those States to which this Act extends;
(j) Secretary, Veterinary Council of India, ex officio.
(4) The President and Vice-President shall be elected by the members from amongst themselves in such manner as may be provided by regulations.
(5) Whenever there is a vacancy in the office of the President, the Vice-President shall discharge the functions of the President.
(6) The names of persons nominated or elected as members shall be notified by the Central Government in the Official Gazette.
(7) A person shall not be qualified for nomination or election to the Council unless he holds a recognised veterinary qualification.
4. Mode of election of members.
(1) An election under clause (g) of sub-section (3) of section 3 shall be conducted by the Central Government in accordance with such rules as may be made by it in this behalf and any rule so made may provide that pending the preparation of the Indian veterinary practitioners register in accordance with the provisions of this Act, the members referred to in that clause may be nominated by the Central Government instead of being elected as provided therein.
(2) Where any dispute arises regarding any election to the Council, it shall be referred to the Central Government for its decision which shall be final.
5. Term of office of President, Vice-President and members.
(1) The President or Vice-President shall hold office for a term not exceeding three years and not extending beyond the expiry of his term as a member.
(2) Subject to the provisions of this section, a member, other than an ex officio member, shall hold office for a term of three years from the date of his election or nomination to the Council or until his successor shall have been duly elected or nominated, whichever is longer.
(3) Members of the Council shall be eligible for re-nomination or re-election.
(4) Where the term of three years is about to expire in respect of any member, a successor may be nominated or elected at any time within three months before the said term expires, but, he shall not assume office until the said term has expired.1
7. Mr. Yadav also relies upon Regulations 38 and 43(1) of the Regulations, which read as follows:
38. The Executive Committee shall have Nine members including the President, the Vice-President, a Secretary of the Council who shall act as President, Vice-President and Secretary respectively.
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43(1). The term of office of an elected member of the Executive Committee shall be for three years from the date of his election or till the next Executive Committee takes over after its appointment whichever is later;
Notwithstanding anything contained herein, the Executive Committee shall cease to function with the termination of the Council that appoints the Committee, irrespective of the reasons for termination of the Council.
8. Turning first to the petitioners continuation as a member of VCI, it is evident from Section 3(3) of the 1984 Act that VCI is composed of 27 members, out of which two members hold office ex-officio, fourteen members are nominated by various designated authorities, and eleven members are elected under Section 3(3)(g) of the 1984 Act from amongst practitioners. The term of membership is provided in Section 5(2) of the 1984 Act. As far as elected or nominated members are concerned, it provides for a term of three years from the date of election or nomination to VCI, or until his successor shall have been duly elected or nominated, whichever is longer.
9. Although the petitioner and other elected members were elected at an election held on 24.08.2020, and notified on 03.09.2020, the Union of India [hereinafter, UOI] has apparently notified the next election only by notification dated 25.10.2023. The process of holding the next election is, according to Mr. Dhanda, in progress.
10. Section 5(2) of the 1984 Act clearly provides that an elected or nominated member would normally hold office for a period of three years, but the term would be extended until a successor is elected or nominated. Section 5(4) of the 1984 Act permits the election to be held within three months before the expiry of the term, but the said provision has evidently not been resorted to in the present case. Upon a reading of Section 5(2) of the 1984 Act, therefore, it is accepted that the petitioner and other elected members would be entitled to continue as members of VCI until the election of their successors.
11. The next question- of the petitioners continuation as the President-is dealt with in Section 5(1) of the 1984 Act. It provides for a term not exceeding three years, and not extending beyond the expiry of the term as a member. In the present case, the petitioner was elected as the President on 15.01.2021. His term as the President, therefore, ordinarily comes to an end on 14.01.2024. By virtue of Section 5(2) of the 1984 Act, as interpreted above, he will also remain as a member of VCI at least until that time. There is, therefore, no impediment in his continuing as the President of VCI until the said date. Although Mr. Yadav drew my attention to Regulations 38 and 43(1) of the Regulations to suggest that the petitioner can continue as the President until the next Executive Committee is appointed, that submission is not pressed. After 14.01.2024, it is open to VCI to elect a new president under Section 3(4) of the 1984 Act from amongst its members.
12. Mr. Dhanda also drew my attention to a judgment of the Supreme Court in K.B. Nagur M.D. (Ayu) vs. Union of India2, wherein certain provisions of the Indian Medicine Central Council Act, 1970 fell for interpretation. According to Mr. Dhanda, some of the provisions relating to elections and term of the Council are substantially similar to the provisions of the 1984 Act. It is not necessary to enter into this aspect in detail as Mr. Dhandas reliance upon the said judgment was only to establish that the Supreme Court has held that no elected member should hold the office of the President/Vice-President/Member beyond a period of three months from the expiry of their term. Mr. Yadav, in any event, presses for the petitioners continuation as the president only until the expiry of his term, after a lapse of three years from the date of his election to the said position.
13. The judgment in K.B. Nagur3 is, however, also instructive as to the obligation of the Central Government to ensure that the elections to the concerned statutory body are conducted within the period specified4. In the present case, the elections have been notified and the process of electing nominations from the VCI, in accordance with the Regulations, is apparently under way. There is apparently some dispute between the petitioner and the respondents as to the reasons for which the process is being delayed. In order to overcome these defects and hold the elections to VCI as expeditiously as possible, learned counsel for the parties request that this Court may appoint a Court Commissioner, who would act as a Returning Officer to conduct the elections in accordance with the 1984 Act and the relevant rules and regulations. They assure the Court that the petitioner, VCI and UOI will cooperate with the learned Court Commissioner in this regard.
14. Having regard to the aforesaid submissions and with the consent of learned counsel for the parties, the writ petition, alongwith pending application, is disposed of with the following directions:
a. The petitioner and other members of VCI, who were elected under Section 3(3)(g) of the 1984 Act, as notified on 03.09.2020, will continue as members of VCI until their successors are notified pursuant to the ensuing elections.
b. The petitioner will continue as the President of VCI until 14.01.2024 i.e. until the period of three years from the date of his election to the office of President.
c. The members of VCI may thereafter elect a President from amongst their members under Section 3(4) of the 1984 Act.
d. The elections for the eleven members of VCI, required to be elected under Section 3(3)(g) of the 1984 Act, has already been notified on 25.10.2023. The election will be conducted as expeditiously as possible and practice in terms of the 1984 Act and the relevant rules and regulations.
e. For this purpose, at the request of learned counsel for the parties, Honble Ms. Justice Asha Menon [Ph. No.:- (+91)9910384664] is appointed as a Court Commissioner. The learned Court Commissioner will act as the Returning Officer for the elections and the elections will be conducted under her supervision.
f. Learned counsel for the parties assure the Court that the parties will cooperate with the learned Court Commissioner for the expeditious conduct of the elections. The learned Court Commissioner will be paid a remuneration of Rs.4 lakhs per month, which is to be borne by the VCI.
g. It is expected that the new members will be notified within a period of four months from today.
PRATEEK JALAN, J
DECEMBER 21, 2023
SS/Ananya/
1 Emphasis supplied.
2 (2012) 4 SCC 483.
3 Ibid.
4 Paragraph 41(b)
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