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of <h1>Court Upholds Section 7 of Indian Medicine Act; Stresses Timely Elections to Prevent Indefinite Tenures.</h1> <h3>K.B. Nagur M.D. (Ayu.) Versus Union of India (UOI)</h3> K.B. Nagur M.D. (Ayu.) Versus Union of India (UOI) - TMI Issues Involved:1. Constitutionality of Section 7 of the Indian Medicine Central Council Act, 1970.2. Obligation of the Central Government to hold elections to the Central Council of Indian Medicine.3. Timeliness and procedural compliance for holding elections and filling vacancies in the Central Council.Summary:1. Constitutionality of Section 7 of the Indian Medicine Central Council Act, 1970:The petitioner challenged the constitutionality of Section 7 of the Act, which allows members to continue in office until their successors are elected or nominated, arguing it violates Articles 14 and 16 of the Constitution. The Court held that the provision ensures there is no vacuum in the Central Council's membership and is not unconstitutional. The Court emphasized the presumption of constitutionality and the necessity to interpret statutes to make them effective. The legislative intent was to avoid any gap in the functioning of the Council, and the provision was deemed a safeguard for the interregnum period.2. Obligation of the Central Government to hold elections:The petitioner sought a direction for the Central Government to hold elections and fill vacancies promptly. The Court noted that during the pendency of the petition, elections were completed in most states except for some due to the absence of Siddha practitioners. The Court reiterated the statutory obligation of the Central Government to conduct elections within the prescribed term of five years and to fill vacancies within a reasonable time, not exceeding three months from the expiry of the term.3. Timeliness and procedural compliance for holding elections:The Court highlighted the importance of timely elections to avoid indefinite tenure extensions. It directed the Central Government to discharge its duties under Sections 3, 4, and 7 of the Act without delay. The Court mandated that no elected member shall hold office beyond three months after their term expires, emphasizing the need for strict compliance to avoid prejudicing the functioning of the Central Council and the public reliance on these medical systems.Conclusion:The Court partially allowed the petition, upholding the constitutionality of Section 7 and directing the Central Government to ensure timely elections and compliance with statutory provisions. The petitioner's other prayers were rendered infructuous due to subsequent developments, and related applications were dismissed with liberty to seek appropriate relief in competent courts.
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