Disposed
Subodh Kumar v. The State of Bihar
Patna HCCWJC/16795/2022
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COURT OF JUDICATURE AT PATNA Civil Writ…
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16795 of 2022
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Subodh Kumar S/o- Makeshwar Modi, R/o- Village- Chandanpura, PostAlinagar, P.S.- Surajgadha, District- Lakhisarai.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Shashi Bhushan Singh, Advocate For the Respondent/s : Mr.S. D. Yadav ( AAG 9 )
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CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)
Date : 23-08-2024
The petitioner claiming to be a social worker has challenged the election to the State Pharmacy Council held in the year-2022 result of which has been published in the year-2024, which has been challenged by way of an interlocutory application. None of the persons elected have been
Patna High Court CWJC No.16795 of 2022 dt.23-08-2024 2/2
impleaded as party respondents.
he is a social worker while the learned Counsel appearing for the petitioner submits that he is a Pharmacist. If the petitioner is a Pharmacist he has to move the civil court to establish his rights as a member entitled to vote in the elections to the Council. But as a social worker he has no locus standi to challenge the election, especially in a PIL, since the affected persons, who are the pharmacists cannot be termed as marginalized or not a class having the capacity to enforce their rights as members of the Council. We find absolutely no reason to continue the writ petition.
(K. Vinod Chandran, CJ)
(Partha Sarthy, J)
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1 issue framed by the court
Does a self-described social worker (not an impleaded pharmacist member) have locus standi to challenge the State Pharmacy Council election in a PIL?
Subodh Kumar
The State of Bihar through Chief Secretary, Govt. of Bihar, Patna
The Chief Secretary, Govt. of Bihar, Patna
The Additional Chief Secretary, Health Department Govt. of Bihar, Patna
The Chairman Pharmacy Council India
The Registrar-cum-Secretary, Pharmacy Council of India
K. Vinod Chandran
Partha Sarthy
As recorded by the court registry
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