Calcutta High Court dissolves West Bengal Medical Council for continuing unlawfully; orders fresh polls

The Calcutta High Court on Wednesday directed the dissolution of the present West Bengal Medical Council, and ordered that fresh elections be conducted by October 2022 [Dr. Kunal Shah v. WBMC]..Justice Sabyasachi Bhattacharyya held that the existing council had been continuing unlawfully, and in contravention to the letter and spirit of law. "This court expresses its reservations as to the palpable inaction on the part of the West Medical Council in not holding any elections and/or constituting a new Council since 1988," said the single-judge..In the interim, the court directed that an ad-hoc council be appointed by the State for the limited purpose of conducting the next elections to the council, and carrying out the essential functions of the council. .The order was passed in a petition by Dr Kunal Shah who sought dissolution of the body contending the five-year term of the last elected council expired in July 2018, and no election had been held since..The council opposed the maintainability of the petition on the grounds that the petitioner was not a citizen or resident of India and could, therefore, not invoke fundamental rights under the Constitution.Additionally, the council informed the Court that the 2018 election was duly notified, but could not proceed further due to an interlocutory order passed in another petition.Reliance was also placed on a letter by the Department of Health and Family Welfare stating that, in its opinion, the council may continue functioning till the election of a new council..However, the Court found that nothing produced by the respondents showed that the interlocutory order was subsequently extended."In fact, precious nothing is produced on behalf the respondents, despite repeated queries of court, to show that the interim order passed in the said writ petition was at all extended beyond November, 2018," the Court said..Further, Justice Bhattacharyya took into account the admitted position that the last elected body completed its five-year tenure long back in the year 1988 and since then no elections had been held. Noting that transparency, and democratic principles were of utmost importance in formation of such council, the Court recorded that the council chose to hibernate in the stupor of protracted perpetuation of their power."The present Council members took no steps worthy of exhibiting their bona fides for taking steps to organize elections after the year 1988 but chose to hibernate in the stupor of protracted perpetuation of their power," the order said..The Court went on to reject the challenge to the plea's maintainability opining that the petitioner was very much an aggrieved party. It was also underscored that the contravention alleged was not merely of Article 14, but also of Article 19 of the Constitution. Further, the Court said that the issue also about the safety and well-being of citizens at large, since the illegality affected the functioning of the entire medical community..Finally, the single-judge clarified that the opinion of the Department of Health and Family Welfare was neither a legal opinion nor had any binding effect and was, therefore, irrelevant. .With this, the Court passed directions for the elections to be held expeditiously, and provided guidelines for the council's functions in the interim. The Court also expressed hope that the entire process of elections, nominations, and other formalities for constitution of the new council would be fair and transparent..Dr Kunal Saha appeared in person while the council was represented by advocates Saibalendu Bhowmik, Biplab Guha, Rajsekhar Basu, and Subrata Bhattachary..[Read Order]