Plea to conduct fresh elections to TN Medical Council set aside

Justice K Ravichandrabaabu disposed off the petition after hearing the submission of the petitioner’s counsel that as per section 17 of the TNMC Act and Rules, the government may of their own motion or on objection declare any election held to be void because of corrupt practice or any other causes. 

The judge held that if the petitioner seeks to take recourse to such a provision of law, “It is for him to do so. But the relief which is prayed for by the petitioner in this writ petition for conducting fresh elections cannot be entertained.” 

Dr P Balakrishnan, Senior Civil Surgeon, Orthopedics Department, Government Stanley Medical College, who contested the elections and lost, had contended that the administrator/election officer ought to scrutinise and prepare a roll call of the voters list, which must be notified in a Government Order. 

Out of the 1.10 lakh eligible voters in Tamil Nadu as many as 27,000 voters had failed to respond. Moreover, out of the 83,253 notified eligible voters, a mere 25, 253 had polled their votes. This meant that a minimum quorum of 30 per cent required to conduct an election was absent. Hence, the entire election is null and void and sought for fresh elections. 

However, based on the petitioner’s submission that he is set to challenge the election before the Principle Secretary under Section 17 of the Act, the judge directed the election officer to retain the election records and ballot paper.