CASE NO.: Appeal (civil) 10232-10233 of 1995 PETITIONER: DENTAL COUNCIL OF INDIA AND ANR. ETC. RESPONDENT: DR. H.R. PREM SACHDEVA AND ORS. ETC. DATE OF JUDGMENT: 14/10/1999 BENCH: DR. A.S. ANAND CJ & S. RAJENDRA BABU & R.C. LAHOTI JUDGMENT:
JUDGMENT
1999 Supp(4) SCR 1
The following Order of the Court was delivered :
Both these appeals, by special leave arise out of the judgment and order of
the High Court of Delhi in CWP No. 3021 and 3023 of 1995, decided on 31st
August, 1995. Although for all practical purposes, these appeals, it is
admitted by learned counsel for the parties. have been rendered infructuous
and we need not detain ourselves to deal with the facts of the case leading
to the filing of the appeals but there is one matter which has caused us
some concern.
Section 3 of the Dentist Act, 1948 (hereinafter referred to as the `Act’)
provides that the Central Government shall constitute a Council consisting
of the members detailed in sub-sections (a) to (f) thereof. Section 4 of
the Act provides that the Council shall be a body corporate, having
perpetual succession. Under Section 5, the elections under Chapter-II of
the Act shall be conducted in the prescribed manner, and where any dispute
arises regarding any such election, the same shall be referred to the
Central Government whose decision shall be final. Section 2(g) defines the
expression “prescribed” to mean prescribed by rules or regulations made
under this Act.
Section 6(1) provides as follows :-
“6. (1) Subject to the provisions of this section an elected or nominated
member shall hold office for a term of five years from the date of his
election or nomination or until his successor has been duly elected or
nominated, whichever is longer;
(Provided that a member nominated under clause (e) or clause (f) of section
3, shall hold office during the pleasure of the authority nominating him.)”
Section 7 of the Act provides as follows :-
“7(1) The President and Vice-President of the Council shall be elected by
the members thereof from among themselves:
Provided that on the first constitution of the Council and until the
President is elected, a member of the Council nominated by the Central
Government in this behalf shall discharge the functions of the President:
Provided further that for five years from the first constitution of the
Council, the President shall, if the Central Government so decides, be a
person nominated by the Central Government who shall hold office during the
pleasure of the Central Government, and where he is not already a member,
shall be a member of the Council in addition to the members referred to in
section 3.
(2) An elected President or Vice-President shall hold office as such for a
term not exceeding five years and not extending beyond the expiry of his
term as member of the Council, but subject to his being a member of the
Council, he shall be eligible for re-eiection.
Regulation 23 of the Dental Council (Election) Regulations, 1952
(hereinafter referred to as `the Regulations’) provides as follows:
“23. Representatives of Universities-The President shall not later than 60
days before the date of occurrence of a vacancy or vacancies forward a
notice by registered post to the Registrar of each University concerned,
requesting him to hold an election not later than the date specified in the
notice.”
A conjoint reading of the various provisions of the Act and the Regulations
referred to above, go to show that the term of office of the members of the
council is five years from the date of the election or nomination, as the
case may be. Section 6(I). however, also provides that a nominated or
elected member, after the expiry of the term, may continue “until his
successor has been duly elected or nominated, whichever is longer”. The
expression “whichever is longer” does suggest the continuation after the
expiry of the term. Can it, however, be construed to mean that if the
authorities fail to act as per clause (a) to (f) of Section 3, the member
concerned can continue to remain in office till perpetuity? In our opinion
that could not be the intention of the law makers. Regulation 23 (supra)
does give an indication of what we have said above.
A reasonable interpretation of the provisions of the Act and the regulation
would be that elections/nominations to the Council should normally be
held/made once in five years. However, if for some valid reasons the
elections cannot be held during the term of five years, the same should be
held within a reasonable time thereafter and the continuance in office of
the elected/nominated members should not go on for perpetuity. The
continuance in office, after the expiry of the term, should only be a stop
gap arrangement to avoid a vacuum. The obligation to nominate/hold
elections is of various authorities obliged to elect/nominate members to
the Council under Clauses (a) to (f). The Act and the Regulations are,
silent about the period during which elections/nominations should be
made/held as also about the consequences of not holding the elections or
making nominations within the five year term or soon thereafter and this
lacuna gives rise to unnecessary litigation. We hope that the authorities
concerned shall take appropriate measures by amending the provisions of the
Statute or the Regulations or frame appropriate rules so that the ambiguity
regarding the maximum period, after the expiry of the five year term,
during which election/nomination should be held/made is removed.
With the aforesaid observations the appeals are disposed of. No Costs.