Disposed

Dr. Pavankumar Ninganagoud Patil v. State of Karnataka

Karnataka HC13 Sept 2021WP/7711/2021

Case brief

AI extract

What is this about?

In this writ petition filed under Articles 226 and 227 of the Constitution, the petitioner challenged the election and membership of a specific constituent under the Karnataka Medical Registration Act, 1961. Relying on a notification regarding the respondent's resignation, the Acting Chief Justice disposed of the petition by directing respondents to take consequential steps.

What did the court decide?

Respondents to take all consequential steps in accordance with law following the declaration of vacancy.

Dr. Pavankumar Ninganagoud Patil Vs State… — Pension and Retirement Benefits | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 13^TH DAY OF SEPTEMBER, 2021

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PRESENT

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THE HON'BLE MR.SATISH CHANDRA SHARMA, ACTING CHIEF JUSTICE

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AND

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THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

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WRIT PETITION NO.7711/2021 (GM-RES-PIL)

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BETWEEN

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DR. PAVANKUMAR NINGANAGOUD PATIL SON OF NINGANAGOUD, AGED 43 YEARS, RESIDING AT FLAT NO. 106, BUILDING NO.11, SHAKTIPARK APARTMENTS, JAYANAGAR, 9^TH BLOCK, BENGALURU-560 069.

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... PETITIONER

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(BY SRI.DORE RAJ B.H., ADV.)

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AND:

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1 . STATE OF KARNATAKA DEPARTMENT OF HEALTH AND FAMILY WELFARE (MEDICAL EDUCATION) M.S. BUILDING, BENGALURU-560 001, REPRESENTED BY ITS PRINCIPAL SECRETARY

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2 . KARNATAKA MEDICAL COUNCIL NO. 16/2, 2^ND FLOOR, MILLER TANK BED AREA, VASANT NAGAR, BENGALURU-560 052 REPRESENTED BY ITS REGISTRAR

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3 . NATIONAL MEDICAL COMMISSION COMMISSION CONSTITUTED UNDER SECTION 3 OF NATIONAL MEDICAL COMMISSION ACT, 2019, POCKET-14, SECTOR-8, DWARKA-PHASE-1, NEW DELHI-110 077, REPRESENTED BY ITS SECRETARY

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4 . DR. HARSANGI VEERABADRAPPA

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PRESIDENT OF KARNATAKA MEDICAL COUNCIL KMC REGISTRATION NO. 13497, RESIDING AT ASHIRVAD HOSPITAL, NO.105/15, GARDEN ROAD, SHARAN NAGAR, GULBARGA-585 103.

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5 . UNION OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE, DEPARTMENT OF FAMILY AND WELFARE MEDICAL EDUCATION POLICY, NIRMAN BHAWAN, NEW DELHI-110 011, REPRESENTED BY UNDER SECRETARY TO GOVERNMENT OF INDIA. EMAIL [email protected]

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... RESPONDENTS

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(BY SRI V.SREENIDHI, AGA FOR R-1 SRI R.C.NAGARAJ, ADV. FOR R-2 SRI.BASAVARAJ S. SAPPANNAVAR, ADV. FOR R-4 SRI KUMAR, CGC FOR R-4 NOTICE TO R-3 IS SERVED AND UNREPRESENTED)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS OR DIRECTION TO RESPONDENT NO.1 TO ISSUE NECESSARY ORDERS DECLARING THE MEMBERSHIP OF RESPONDENT NO.4 DR H.VEERABADRAPPA ELECTED TO RESPONDENT NO.2 KARNATAKA MEDICAL COUNCIL- ELECTION 2011 UNDER TEACHERS CONSTITUENCY AS DISABLED UNDER

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SECTION 8 OF KARNATAKA MEDICAL REGISTRATION ACT, 1961 CONSEQUENTLY POSITION HELD BY RESPONDENT NO.4 AS PRESIDENT OF THE COUNCIL IS VACANT AND ACTS COMMITTED BY RESPONDENT NO.4 DR.H.VEERABADRAPPA SUBSEQUENT TO HIS RESIGNATION LETTER DATED 05/11/2019 AT ANNEXURE-C AS VOID AND ETC.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ACTING CHIEF JUSTICE, MADE THE FOLLOWING:

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ORDER

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The petitioner before this Court has filed the present petition for issuance of necessary orders declaring the membership of respondent No.4 - Dr.H.Veerbhadrappa elected to Respondent No.2 - Karnataka Medical Council, under section 8 of the Karnataka Medical Registration Act, 1961 (for short 'the KMR Act of 1961').

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A Notification dated 24.06.2021 has been placed on record and the same reveals that Dr.H.Veerabadrappa has tendered his resignation and therefore, the membership in respect of the concerned constituency has been declared as vacant in accordance with Section 8 of the KMR Act of 1961.

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In the light of the aforesaid Notification, the

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respondents shall take all consequential steps in accordance

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with law.

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With the aforesaid, the writ petition stands disposed

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of.

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Sd/ACTING CHIEF JUSTICE

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Sd/-

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JUDGE

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Dr. Pavankumar Ninganagoud Patil v. State of Karnataka

Case brief

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Dr. Pavankumar Ninganagoud Patil v. State of Karnataka

Case brief

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