MINISTRY OF AYUSH versus DR. VANITHA R. & ANR.

Citation: [2018] 12 S.C.R. 895 · Decided: 27-09-2018 · Supreme Court of India · Bench: ARUN MISHRA, VINEET SARAN · Disposal: Appeal(s) allowed

Judgment (excerpt)

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895
MINISTRY OF AYUSH
v.
 DR. VANITHA R. & ANR.
(Civil Appeal No.10031 of 2018)
SEPTEMBER 27, 2018
[ARUN MISHRA  AND VINEET SARAN, JJ.]
Indian 
Medicines 
Central 
Council 
Act, 
1970 
–
s.7 – Interpretation of – Member of Central Council of Indian
Medicine (CCIM) who represented the State of Uttarakhand lost
his membership of CCIM – He was also holding the elected post of
the President of the CCIM for the tenure which would have expired
on 04.07.2017 had he continued as Member – Thus, the office of
the President fell vacant – Notice for holding election for the post
of President issued – Election held on 14.03.2017– Respondent
No.1 elected as the President – Issue as to the tenure for which
election was held – Ministry passed order holding that the election
for the post of President was held for the remainder period available
to the erstwhile Member from Uttarakhand – Challenge thereto,
dismissed by the Single Bench – However, Division Bench set aside
the said order – Held: s.7(3) deals with the casual vacancy in CCIM
and makes it clear that the person elected or nominated to fill such
vacancy has to hold the office only for the remainder of the term
for which the Member whose place he takes was elected or
nominated, as the case may be – In the instant case, Member from
Uttarakhand lost his membership to the CCIM – He would have
held the post of the President for the period up to 04.07.2017, had
he continued as Member of the CCIM – Casual vacancy of post of
President was caused – Thus, the tenure for which election to the
post of President was held was to be, as provided u/s.7 (3) – s.7(1)
provides for a term of five years, however, the casual vacancy is
dealt with u/s.7(3) and both the provisions have to be harmoniously
interpreted – Present was not a case of regular vacancy but a casual
vacancy that has arisen during the term of previous President– Thus,
the period for which respondent No.1 was elected in March, 2017
was confined for remainder of the term i.e. up to 04.07.2017, not
beyond that– Order passed by Division Bench set aside– Further,
 [2018] 12 S.C.R. 895
      895
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SUPREME COURT REPORTS
[2018] 12 S.C.R.
fresh election for the post of President held on 23.03.2018 is legal
and valid – Central Council of General Medicine (General)
Regulations, 1976 – Regulation 5(2).
Allowing the appeal, the Court
HELD: 1.1 A bare reading of the provisions contained in
Section 7, Indian Medicine Central Council Act, 1970 makes it
clear that person has to be first elected as Member of the Central
Council of Indian Medicine (CCIM) for being elected as President
or Vice President. By virtue of his holding the office as a Member,
he holds the office of President or that of a Vice President. Once
he ceases to be a Member, he automatically ceases to hold the
office of the President or Vice President as the case may be. The
President, Vice President or Member of a Central Council has to
hold the office for a term of five years as provided under Section
7 read with Section 3 from the date of his election or nomination
as the case may be or until his successor is duly elected or
nominated, whichever is longer. [Paras 8, 9] [901-F-H]
1.2  Section 7(3) of the 1970 Act deals with the casual
vacancy in the CCIM and the person elected or nominated to fill
the vacancy has to hold the office only for the remainder of the
term for which the Member whose place he takes was elected or
nominated as the case may be. The expression ‘Casual Vacancy’
in the Central Council may arise that of a Member or in case
Member was holding the post of President or Vice President,
the vacancy for the post of President or Vice President along
with Member may also occur simultaneously. In that event, the
provision of Section 7(3) would come into play and the expression
‘casual vacancy’ ‘would include in its ambit’ the vacancy so created
for the post of President and Vice President. The provisions of
Section 7(3) makes it apparent that person elected or nominated
to fill the vacancy shall hold the office only for the remainder of
the term for which the Member whose place he takes was elected
or nominated. In the instant case, Member from Uttarakhand
lost his membership to the CCIM. He would have held the post
of the President for the period up to 4.7.2017, had he continued
as Member of the representative of the CCIM from Uttarakhand.
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The casual vacancy of post of President had been caused.  Thus,
the tenur

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