Delhi High Court - Orders
Dr. Deepesh Dhalla & Ors vs State Nct Of Delhi & Ors on 22 August, 2022
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 9494/2022 & CM APPL. 28340/2022
DR. DEEPESH DHALLA & ORS. ..... Petitioners
Through: Mr. Avi Singh and Mr. Karan Dhalla,
Advocates.
versus
STATE NCT OF DELHI & ORS. ..... Respondents
Through: Mr. Anuj Aggarwal, ASC with Ms.
Ayushi Bansal, Ms. Arshya Singh and
Mr. Sanyam Suri, Advocates for R-1
& 2.
Dr. Vikrant Narayan Vadudev and
Mr. Rohit Lochav, Advocates for R-3.
Mr. T. Singhdev, Mr. Abhijit
Chakravarty, Ms. Sumagla Swami,
Ms. Michelle B. Das and Mr. Bhanu
Gulati, Advocates for R-4.
Dr. T. R. Naval and Mr. Nibhil
Chugh, Advocates for R-5.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 22.08.2022
1. The present petition seeks the following reliefs:
"A. Direct the Respondent No. 1 to conduct an inquiry upon representation of the Petitioners under Section 26, Dentists Act 1948 read with Rule 19, Dental Council (Delhi State) Rules 1951 into the gross irregularities, ex facie discrepancies, and apparent forgery of voting papers in the Delhi Dental Council Elections 2022 in a time bound manner; B. Set aside/ cancel the Delhi Dental Council Elections, 2022"
2. Petitioners, who are dentists in the State (NCT of Delhi) assail the Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:27.08.2022 11:43:43 Delhi Dental Council Election, 2022 [hereinafter, "the election process"] which was allegedly vitiated by ex-facie errors in the voting ballots, gross irregularities on part of the Returning Officer and apparent forgery of voting papers. Mr. Avi Singh, counsel for Petitioners, states that the Returning Officer did not dispose of Petitioner's complaint prior to notifying the preliminary results dated 30th May, 2022. Consequently, the Petitioners had no option but to make a representation dated 03rd June, 2022 to the Respondent No. 1-Government of NCT Delhi ["GNCTD"] seeking a detailed inquiry into the election process under Section 26 of the Dentists Act, 1948, [hereinafter, "the Act"] read with Rule 19 of the Dental Council (Delhi State) Rules, 1951 [hereinafter, "the Rules"].
3. As per Section 26 of the Act in case of any dispute regarding an election, the same has to be referred to the State Government, whose decision shall be final. As noted above, Petitioners have adopted this statutory mechanism by filing the representation dated 03rd June 2022 to the GNCTD, which has still not been decided.
4. No counter affidavit of the Respondents is necessary as the statute itself is quite clear, on the issue. GNCTD would have to necessarily decide the dispute arising in relation to the election process. Accordingly, the instant petition is disposed of, with a direction to the Respondent to decide the representation of Petitioners dated 03rd June, 2022 within a period of eight weeks from today. While deciding the dispute, GNCTD would follow the Rules framed under the Act, including Rule 19, which reads as follows:
"19. (1) Before setting aside an election under section 26 the Government shall give an opportunity to all the parties concerned to show cause why the election should not be set aside.
(2) A decision under section 26 may be given on the inquiry and report of Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:27.08.2022 11:43:43 any person appointed by the Government in that behalf."
5. With the above directions, the present petition is disposed of, along with other pending application.
6. The Court has not examined the merits of the case. All rights and contentions of the parties are left open. Needless to say, in case Petitioners are aggrieved with the decision rendered by GNCTD, they shall be free to take recourse to remedies, as available under law.
SANJEEV NARULA, J AUGUST 22, 2022 d.negi Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:27.08.2022 11:43:43