High court restores elected body of Karnataka Medical Council

Bengaluru: The Kalaburagi bench of the high court has restored the elected body of Karnataka Medical Council (KMC), observing that elections to a statutory body cannot be upset by a writ court which has no such jurisdiction.

While setting aside the order of the single bench, a division bench, comprising Justices R Devdas and C M Joshi, said that the elected candidates should be permitted to take charge and complete the term from the date when they assumed office.

The single bench had allowed the petition filed by Dr Gachinamani Naganatha, a KMC member from Kalaburagi. The single bench had directed for fresh elections within six months, observing that the process of election held in 2020 was vitiated by fraud. It had also quashed the final voters list published by the returning officer on January 10, 2020.

Consequently, the elections conducted on January 23, 2020 and results declared on January 25, 2020 were also quashed. The single bench had also directed the state government to initiate disciplinary proceedings against the returning officer and entrust the same to the Lokayukta.

This order was challenged by one Dr Madhusudhan Kariganoor and 11 others, who got elected in the election, and Pandurang Garage, the returning officer. They had filed separate writ appeals. It was argued by the appellants that only an election tribunal constituted for the purpose is permitted to declare the election or results as void or illegal.

The division bench concurred with the contention. The bench noted that the single bench could not have quashed the voters list or declared the election result as quashed.

During the course of argument, it was informed to the division bench that some aggrieved persons had filed an election petition. But state government had closed it in view of the single bench declaring the results as quashed.

The division bench has now issued a direction to re-open the election petition.

Since the limitation period to file an election petition has expired, it has said that the petitioner before the single bench can implead in the matter along with others who had filed election petition.