Section 4 in Maharashtra Homoeopathic Practitioners' Act, 1960
4. Time, place and manner of election of members [President and Vice-President.] [These words were added by Maharashtra 19 of 1988, Section 6(d).]
- [(1) (a)] [Sub-section (1) of section 4 was renumbered as clause (a) of that sub-section and clause (b) was inserted by Maharashtra 42 of 1975, Section 2.] The election of members under [section 3A] [This word, figure and letter was substituted for the word and figure 'section 3' by Maharashtra 16 of 1988, Section 6(a)(i).] shall be held at such time and at such place and in such manner as may be prescribed by rules.(b)[ If any dispute arises regarding any election referred to in clause (a), it shall be referred for decision of the State Government [within thirty days from the date of the election] [Sub-section (1) of section 4 was renumbered as clause (a) of that sub-section and clause (b) was inserted by Maharashtra 42 of 1975, Section 2.] and its decision shall be final.](2)The Registrar shall, at least three months before the date fixed for the election of the [Council] [This word was substituted for the word 'Board' by Maharashtra 42 of 1975, Section 6(b).], cause to be printed and published a correct list of the names and qualifications of all practitioners for the time being entered in the register and the dates when such qualifications were acquired.(3)[ (a) Within seven days after the nomination and election of members under the foregoing provisions, a meeting shall be called for the election of the President and Vice-President on such date as the Deputy Director of Homoeopathy may fix. Such election shall be by ballot.(b)The meeting called under clause (a) shall be presided over by the Deputy Director of Homoeopathy, and he shall have the right to vote. The Deputy Director presiding over such meeting (hereinafter referred to in this section as "the Presiding Officer") may, for reasons recorded in writing which in his opinion are sufficient, refuse to adjourn such meeting, or as the case may be, adjourn such meeting.(c)If in the election of the President or Vice-President, there is an equality of votes, the result of the election shall be decided by lot to be drawn in the presence of the Presiding Officer, in such manner as he may determine.(d)In the event of a dispute arising as to the validity of the election of a President or Vice-President, the Presiding Officer may, within thirty days from the date of the election, refer the dispute to the State Government for decision. The decision of the State Government in such dispute shall be final and conclusive and shall not be questioned in any Court.(4)The election of the President and Vice-President on any occasion other than the one referred to in sub-section (3) shall be held before the expiry of their term or soon after the occurrence of a casual vacancy in the office of the President or Vice-President and in such manner as may be prescribed by rules.] [Sub-sections (3) and (4) were added by Maharashtra 16 of 1988, Section 6(c).]
