Health Department may hold fresh Assam Pharmacy Council election: Gauhati High Court

Staff Reporter

GUWAHATI: The bench of Justice Arun Dev Choudhury of the Gauhati High Court ruled that the cancellation of the election of the Assam Pharmacy Council (APC), 2024, and holding a fresh election can very well be effectively dealt with under Rule 25 of the Rules, 1959, read with Section 24 of the Act, 1948.

The bench said that ‘during the pendency of the adjudication before the Commissioner and Secretary to the Government of Assam, Health and Family Welfare Department, by virtue of this order passed today, shall not debar the authorities from proceeding in accordance with the Act, 1948, and rules framed thereunder for the constitution of the already elected body. However, the validity of such a body shall be subject to the decision that may be taken by the Commissioner and Secretary to the Government of Assam, Health and Family Welfare Department, in terms of Rule 25 of the Rules, 1959, read with Section 24 of the Act, 1948.

The petitioners are the registered pharmacists of the Assam Pharmacy Council. In pursuance of the election notification issued on January 1, 2024, by the president-cum-returning officer for holding the Assam Pharmacy Council Election, 2024, the petitioners, along with other candidates, filed their nomination and contested the election. According to the petitioner, after completion of the election, the president-cum-returning officer most illegally, violating all the provisions of Rules 8 and 9 of the Assam Pharmacy Council Election Rules, 1959 (hereinafter referred to as ‘Rules, 1959’), declared the result of six elected candidates on February 24, 2024, through a notification.

The petitioners and some other candidates filed representation demanding recounting of the ballot papers.

According to the petitioners, without considering such representation, the  Ballot papers were destroyed in violation of Rule 9(1)(a) and (b) of the Rules 1959. The petitioners also filed an FIR before the police.

Against this backdrop, the petitioners filed this writ petition assailing the two notifications – issued on January 1, 2024, notifying the election, and February 24, 2024, declaring the result – and with a further prayer to set aside the election of the six elected candidates and to hold a fresh election in respect of six posts for the constitution of the Assam Pharmacy Council.

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