Ibrahim Mohd Abdul Mujeeb Ansari v. The Registrar Maharashtra Medical Council Mumbai And Another
1 16wp10890.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO.10890 OF 2016 Dr. Ibrahim Mohd. Abdul Mujeeb Ansari, Age 28 years, Occ. Medical Practitioner Serving as Assistant Professor at BJ Government Medical College, Pune r/o. H.No.1-15-50, Rauf Colony, Aurangabad ..Petitioner Vs.
The Registrar, Maharashtra Medical Council, 189-A, Anand Complex, Second Complex, Sane Guruji Marg, Arthar Road Naka, Chinchpokli (WS), Mumbai 400 010 and anr ..Respondents -- Ms.Shendage and Mr.P.R.Katneshwarkar, Advocates for petitioners Mr.K.D.Munde, AGP for State Mr.G.G.Kadam, Advocate for respondent no.1 -- CORAM : R.M. BORDE AND V.K. JADHAV, JJ.
DATE : DECEMBER 16, 2016 PER COURT :
Heard.
2 16wp10890.odt 2.
The petitioner is praying for issuance of directions to the respondents for inclusion of name of the petitioner in the electoral roll prepared for elections of the Maharashtra Medical Council.
3.
Rule 5 of the Maharashtra Medical Council Rules, 1967 ("the Rules", for short) provides that for the purpose of elections under clause (d) of sub-section (3) of Section 3, the Registrar shall prepare the electoral roll of registered practitioners from the register of medical practitioners. The electoral roll shall include the names of all the practitioners on such date prior to (the date of notice published under Rule
8) as may be fixed by the Council for each election.
4.
The notice under Rule 5(2) of the Rules has been published by the Registrar, Maharashtra Medical Council, Mumbai, prescribing the cut-off date as 08.09.2016.
3 16wp10890.odt 5.
The petitioner has renewed his registration as a Medical Practitioner on 17.10.2016 and as such, his name did not find place in the electoral roll published on 09.09.2016. The medical practitioners, whose names did not find place in the electoral roll, were supposed to tender their objections to the Registrar, Maharashtra Medical Council, upto 26.09.2016.
6.
The petitioner did not tender any objection in respect of non-inclusion of his name in the electoral roll. The electoral roll has been finalised and the notice of election has been issued by the Election Officer on 20.09.2016. Until this date, almost all the stages of election are over and votes are scheduled to be recorded on 18.12.2016.
7.
Considering the advance stage of the process of elections and the fact that the
4 16wp10890.odt petitioner did not raise any objection in respect of non-inclusion of his name in the electoral roll at the given point of time, the grievance raised by the petitioner in this petition does not deserve to be considered.
8.
The Writ Petition is devoid of substance and stands rejected.
[V.K. JADHAV, J.] [R.M. BORDE, J.] kbp