Allowed

Munindra Chandra Deka v. Assam Registered Pharmacist Union (Arpu) and 6 Ors.

Gauhati HC8 Jun 2023WA/158/2023

Case brief

AI extract

What is this about?

The High Court reversed a Single Judge's order dismissing a writ petition against notification for Assam Pharmacy Council elections. The Court held the order was passed without hearing the appellant, who was impleaded as a respondent, and set aside the order for fresh consideration.

What did the court decide?

The impugned order dated 26.04.2023 is reversed and set aside. The writ petition is restored for consideration on 19.07.2023.

Munindra Chandra Deka Vs Assam Registered Pharmacist… — Service and Employment | Gauhati HC (2023)

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Page No.# 1/3

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GAHC010100712023

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WA/158/2023

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MUNINDRA CHANDRA DEKA

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RETURNING OFFICER OF ASSAM PHARMACY COUNCIL, DIRECTOR OF HEALTH SERVICE CAMPUS, HENGERABARI, GUWAHATI-36, ASSAM

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VERSUS

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ASSAM REGISTERED PHARMACIST UNION (ARPU) AND 6 ORS. REP. BY ITS GEN. SECY. DIGANTA CHOUDHURY, HAVING ITS REGD OFFICE AT PANJABARI, GUWAHATI, KAMRUP ASSAM

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2:SRI DIGANTA CHAKRABARTY GS OF ARPU S/O- DULAL CHAKRABARTY R/O- PANJABARI BAGHORBORI GUWAHATI-37

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3:IKBAL HUSSAIN CHIEF ORGANISING SECY. OF ARPU S/O- RAFIQUL ISLAM R/O- VILLAGE - JARAMARI BALISATRA DHING NAGAON-782122 ASSAM

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4:THE STATE OF ASSAM

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PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM HEALTH AND FAMILY WELFARE DEPARTMENT DISPUR GUWAHATI-06

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5:THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GUWAHATI 36

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6:THE ASSAM PHARMACY COUNCIL REP. BY ITS PRESIDENT PHARMACY BHAWAN DIRECTOR OF HEALTH SERVICE CAMPUS HENGERABARI GUWAHATI-36 ASSAM

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7:THE REGISTRAR ASSAM PHARMACY COUNCIL DIRECTOR OF HEALTH SERVICE CAMPUS HENGERABARI GUWAHATI-3

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Advocate for the Petitioner : MR B D DAS

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Advocate for the Respondent : SC, HEALTH

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BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MRS. JUSTICE MITALI THAKURIA

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ORDER

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Date : 08-06-2023

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Heard the learned counsel for the parties.

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The instant intra-court writ appeal is preferred by the appellant herein seeking to assail the order dated 26.04.2023, passed by the learned Single Bench accepting WP(C) 2196/2023 preferred by the respondent nos. 1, 2 and 3 in this appeal and interfering into the Notification dated 10.02.2023, issued for holding the elections of six members of the Assam Pharmacy Council.

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There is no dispute amongst the parties that the appellant herein, having been impleaded as respondent in the writ petition, was not heard because the writ petition was disposed of at the motion stage without issuing any formal notice. Thus, though

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the remaining five respondents in the writ petition were represented, the appellant herein, despite being arrayed as respondent no. 6 was deprived of the opportunity of putting his case before the learned Single Judge.

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As a consequence, we are of the opinion that the order under challenge cannot be sustained because the same was passed without providing opportunity of hearing to the contesting party, i.e. the appellant herein.

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Consequently, the impugned order dated 26.04.2023, passed by the learned Single Judge in WP(C) No. 2196/2023 is hereby reversed and set aside. The writ petition will be restored to its original number and will be taken up for consideration on 19.07.2023 .

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The names of the learned counsel representing the respective parties shall be reflected in the Causelist.

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The writ appeal is allowed accordingly.

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JUDGE CHIEF JUSTICE

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Comparing Assistant

Munindra Chandra Deka v. Assam Registered Pharmacist Union (Arpu) and 6 Ors.

Case brief

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Munindra Chandra Deka v. Assam Registered Pharmacist Union (Arpu) and 6 Ors.

Case brief

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