This single-judge court dismissed a writ petition challenging a 2017 dental council election as infructuous because the elected term expired in March 2022, leaving no subsistence for further proceedings.
Writ petition closed as infructuous with a judgment declaring the challenge subsquently to the term expiry unsustainable.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 6THDAY OF DECEMBER 2022 / 15TH AGRAHAYANA,1944
WP(C) NO. 10088 OF 2017
PETITIONER/S:
DR.BIJU A. NAIR
AGED 44 YEARS
S/O.N.APPUKUTTAN NAIR,
'KAUSTHABHAM', PALACE ROAD,
ATTINGAL, PIN-695101.
BY ADV SRI.SAJEEV KUMAR K.GOPAL
RESPONDENT/S:
1STATE OF KERALA
REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT,
DEPARTMENT OF HEALTH & FAMILY WELFARE,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE KERALA DENTAL COUNCIL RED CROSS ROAD, THIRUVANANTHAPURAM-695035, REPRESENTED BY ITS REGISTRAR.3THE REGISTRAR CUM RETURNING OFFICER
THE KERALA DENTAL COUNCIL, RED CROSS ROAD,
THIRUVANANTHAPURAM-695035.
BY ADVS.
GOVERNMENT PLEADER
SRI.T.R.HARIKUMAR
SRI N RAGHURAJ SC
THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSION
ON06.12.2022,THECOURTONTHESAMEDAYDELIVEREDTHE
FOLLOWING:
WP(C) NO. 10088 OF 2017
2
JUDGMENT
This writ petition is filed seeking issuance of directions to the 1st respondent to decide the maintainability of the election petition as a preliminary issue before initiating further steps and for a declaration that the action on the part of the 3rd respondent in accepting the election petitions and in forwarding the same to the Government is in violation to Rule 20 of the Kerala Dental Councils Rules, 1963.
In that view of the matter, as the period of the Committee has expired, nothing further survives.
This writ petition is closed as infructuous.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE
avs
WP(C) NO. 10088 OF 2017
3
APPENDIX OF WP(C) 10088/2017
PETITIONER EXHIBITS
EXHIBIT P1-TRUE COPY OF THE KERALA DENTAL COUNCIL 63 WHICH
CONTAINS CHAPTER II UP TO SECTION 22.
EXHIBIT P2-TRUE COPY OF THE NOTIFICATION ON 03/02/2016 VIDE
G.O.(P)NO.14/2016/H & FWD.
EXHIBIT P3-TRUE COPY OF THE COMMUNICATION FROM THE THIRD
RESPONDENT TO THE FIRST RESPONDENT.
EXHIBIT P4-TRUE COPY OF THE REPORT SUBMITTED BY THE RETURNING
OFFICER TO THE GOVERNMENT UNDER RULE 19(2).
EXHIBIT P5-TRUE COPY OF THE SHOW CAUSE NOTICE.
2 issues framed by the court
Whether the writ petition seeking challenge to the 2017 election remains maintainable after the expiry of the elected body's term.
Whether the action of the Returning Officer in accepting and forwarding the election petition violates Rule 20 of the Kerala Dental Councils Rules, 1963.
DR. BIJU A. NAIR
STATE OF KERALA
THE KERALA DENTAL COUNCIL
THE REGISTRAR CUM RETURNING OFFICER THE KERALA DENTAL COUNCIL
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court