Petitioner challenged non-conduct of elections for Rajasthan Paramedical Council. Court directed respondents to hold elections within two months and disposed of stay application.
Direction to hold Rajasthan Paramedical Council elections within two months from date of order.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.3937/2016 S.B. CIVIL MISC. STAY APPL. NO.3443/2016
Iqbal Ahmed Afridi S/o M.A. Rakesh, aged about 62 years, resident of F-406, Gandhi Nagar Quarter, Jaipur, Rajasthan.
Versus
Respondents DATE OF ORDER : : 18th October, 2016 **HON'BLE MR. JUSTICE MOHAMMAD RAFIQ *********
Shri Tanveer Ahmed for the petitioner. Shri Shyam Arya, Addl. Advocate General for the respondents.
This petition has been filed by the petitioner only
with the grievance that the elections in Rajasthan Paramedical Council for members as also for other posts like President, Vice President has not taken place so far.
Rajasthan Paramedical Council has been constituted
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as per the Rajasthan Paramedical Council Act, 2008 and Rajasthan Paramedical Council Rules, 2014. Section 8 of the Rajasthan Paramedical Council Act, 2008 provides the terms of office according to which there is a term of three years for President, Vice President and Members. The Rules of 2014 provides that the Returning Officer shall be appointed not later than 60 days before completion of terms of existing president. It is contended that the last appointment by way of nomination of Members, President and Vice President was made on 28.01.2013. The then Dr. G.L. Verma resigned from the post of President then as an arrangement the Government appointed an I.A.S. officer as President. Upon transfer of said I.A.S., the charge of the President has been handed over to the retired Director, Medical and Health vide order dated 11.01.2016.
This Court taking note of the grievance of the petitioner, required the Principal Secretary, Medical and Health Department, Government of Rajasthan to file an affidavit categorically stating therein the schedule of elections for the office bearers of the Rajasthan Paramedical Council.
Shri Shyam Arya, learned Additional Advocate General submitted that he could not file the aforesaid
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affidavit because the incumbent in that office has presently gone abroad to undertake certain training. The Deputy Secretary of the Department has also been transferred. He on instructions stated that the State Government shall hold the elections of the Rajasthan Paramedical Council positively within two months.
In view of above statement, the petition is disposed of directing the respondents to hold the elections of the Rajasthan Paramedical Council positively within two months from today. Stay application also stands disposed of.
RS/16
2 issues framed by the court
Whether the respondents are directed to hold elections for office bearers of Rajasthan Paramedical Council.
Whether the grievance regarding the non-conduct of elections for President, Vice President and Members is resolved.
1 provisions across 1 enactments
Iqbal Ahmed Afridi
State of Rajasthan
Mohammad Rafiq
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
