Ali Shaukat Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Ali Shaukat Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner to challenge the election, if he so desires, before an appropriate forum in accordance with law.

Issue for consideration

Whether the minutes of meeting dated 20.09.2022 (memo no. 66) recording the decision to conduct the election to the Bihar State Pharmacy Council in online mode violate Rule 19A of the Pharmacy Rules, 1955, and whether the entire election process conducted by the State of Bihar should be cancelled. +1 more

Ratio / Principle

In view of the Division Bench decision of 23.08.2024 in C.W.J.C. No. 16795 of 2022 (whereby the writ application therein was disposed with liberty to challenge the election before an appropriate forum), this Court found no reason to entertain the present writ petition. No view was taken on the merits of the alleged contravention of Rule 19A of the Pharmacy Rules, 1955.

Key takeaways

The writ application was disposed of, with liberty to the petitioner to challenge the election, if he so desires, before an appropriate forum in accordance with law.ratio¶26

Detailed headnote1 paragraphs

Patna High Court (Civil Writ Jurisdiction Case No.1580 of 2026; oral order dt. 03-02-2026; Anil Kumar Sinha, J): Ali Shaukat v. The State of Bihar (Health Department) and others, including the Drug Controller of Bihar, the Chairman, Bihar State Pharmacy Council, and seven individuals. The writ petition challenged the minutes of meeting dated 20.09.2022 (memo no. 66) whereby a decision was taken to conduct the election to the Bihar State Pharmacy Council in online mode, alleging violation of Rule 19A of the Pharmacy Rules, 1955, and further prayed for cancellation of the entire election process. Counsel for the BSPC pointed out that a Division Bench of the same Court, by order dated 23.08.2024 in C.W.J.C. No. 16795 of 2022, had held that pharmacists, as affected persons, cannot be termed as marginalized or as a class lacking the capacity to enforce their rights as members of the Council, and had disposed of that writ application with liberty to challenge the election before an appropriate forum. Relying on that decision, this Court found no reason to entertain the present writ petition and disposed of it with like liberty to the petitioner to challenge the election, if he so desires, before an appropriate forum in accordance with law. No view was expressed on the merits of the alleged Rule 19A contravention.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1580 of 2026

======================================================

Ali Shaukat Son of Md. Zakee Husan, Resident of Ward No. 24, Near Mobile Tower, P.S.- Laheriyasarai, District- Darbhanga.

... ... Petitioner/s

Versus

The State of Bihar through the Principal Secretary, Department of Health, Government of Bihar, Patna.

The Additional Secretary, Health Department, Government of Bihar, Patna.

The Director in Chief, Health Department (Pharmacy), Government of Bihar, Patna.

The Drug Controller of Bihar, Health Department, Government of Bihar, Patna.

The Chairman Bihar State Pharmacy Council, B.M. Das Road, P.S. - Pirbahore, Patna.

Mr. Arjesh Raj, S/o Narmdeshwar Prasad, Resident of village Godhwa, P.S.Pataura, East Champaran, Bihar- 845401.

Mr. Abhitosh Rana, S/o Ram Haresh Singh, R/o Mohalla Adarsh Colony, Kadma Road, P.S.- Aurangabad, Aurangabad- 824101.

Mr. Vikash Kumar Singh, S/o Upendra Pratap Singh, R/o village - Kadma Kudra, P.S. - Kaimur, Kaimur - 821108.

Mr. Prakash Kumar Jha, S/o Mahesh Jha, R/o village- Bishanpur, P.S.Karpurigram, Samastipur- 848129.

Mr. Satish Shankar Pathak, S/o Rama Nand Pathak, R/o Bhuneshwar Enclave, Flat No. 101, Krishi Nagar, A G Colony Shastri Nagar, Patna - 800023.

Mr. Manish Kumar S/o Dinesh Prasad Rai, R/o village Nanhakchak, Ward no. 11, Dilwarpur, Gobardhan, P.S.- Bidupur, Vaishali- 844503.

Mr. Ranjeet Ranjan, S/o Surendra Prasad Singh, R/o Village- Bangpur, P.S.Parwalpur, Nalanda.

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mrs. Shilpi Keshri, Advocate For the Respondent/state: Mr. Sunil Kumar Mandal, Standing Counsel (03) For the BSPC : Mr. Girijish Kumar, Advocate Mr. Akash Anand, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

2 03-02-2026 1. The petitioner has filed the present writ application for

setting aside of the minutes of meeting dated 20.09.2022 contained in memo no. 66, whereby a decision was taken to

Patna High Court CWJC No.1580 of 2026(2) dt.03-02-2026 2/2

conduct the election to the Bihar State Pharmacy Council in online mode in violation of Rule 19A of the Pharmacy Rules, 1955. The petitioner has further prayed for cancellation of the entire election process of the State Pharmacy Council conducted by the State of Bihar.

Mr. Girijesh Kumar, learned counsel appearing for the Bihar State Pharmacy Council submits that a Division Bench of this Court vide order dated 23.08.2024 passed in C.W.J.C. No. 16795 of 2022 has held that since the affected persons, who are pharmacists cannot be termed as marginalized or not a class having the capacity to enforce their rights as members of the Council disposed the writ application granting liberty to the petitioner therein to challenge the election, if he so desires, before an appropriate forum.

In view of the aforesaid decision of Division Bench, this Court finds no reason to entertain the present writ petition.

Accordingly, the present writ application is disposed with liberty to the petitioner to challenge the election, if he so desires, before an appropriate forum in accordance with law.

(Anil Kumar Sinha, J)

praful/- U