^v Uf'Z'. ^py"| •c ']?Hd: ^ C/?')^^-. ^ IN THE HIGH COURT OF CHHATTISGARH, AT - BILASPUR WRIT PETITION fCl N0. 1-/^/2-_ 01^2009 PETITIONER VIJAY JETHANI,, AGED - 48 YEARS, S/0 SHRI RAJ KUMAR JETHANI, ELECTED MEMBER OF CHHATTISGARH PHARMACY COUNCIL R/0 STREET N0. 23, TELEBANDHA, RAIPUR DISTRICT - RAIPUR (C. G.) VERSUS RESPOJMDENTC : ^ ^.^ ^v^. ^&^ »<M^-/ ^•-^f--" .-.<yA' ".•• .^/^y i^*'>;- -^ ^/y/ '<^'" (?'•" 4. STATE OF CHHATTISGARH, THROUGH - ITS SECRETARY, DEPARTMENT OF HEALTH & FAMILY WELFARE, MANTRALAYA, D. K. S. BHAWAN, RAIPUR THE REGISTRAR, CHHATTISGARH STATE PHARMACY COUNCIL, QR. N0. 77, SECOTR - 3, GEETANJALI NAGAR, RAIPUR (C. G.) SENIOR SUPERINTENDENT OF POLICE, DISTRICT - RAIPUR (C. G.) POST MASTER GENERAL, MAIN POST OFFICE, IN FORNT OF MUNICIPAL CORPORATION OFFICE, MALVIYA ROAD, RAIPUR (C. G.) •- 5. MANOHAR KUMAR JETHANI S/0 SHRI VARIYAL DAS JETHANI, 0^^- ^) R/0 SIDE KOHINOOR HOTEL, BANS TAAL, AMERDEEP TALIKIES ROAD, RAIPUR, DISTRICT - RAIPUR (C. G.) 6. DINESH DUTT DUBEY S/0 SHRIR.D.DUBEY DUBEY MEDICAL STORE, BUS STAND, BEMETARA, DISTRICT - DURG (C. G.) 7. VIMLA JOSEPH SINGH D/0 JOSEPH SINGH R/0 NAVAGARH, DISTRICT - DURG (C. G.) Writ Petition under Article - 226 of the Constitution of India. _ _ ^^Bmipt.f' HIGH CQURT OF CHHATTISGARH AT BILASPUR WRIT PETmON (0 N0.4701 OF 2008 ") Kamal Chandrakar Versus Respondents State of Chhattjsgarh & others. WR1T PETITION (Ct N0.4704 OF 2009 Petitioner Respondents Versus Rajendra Kumar Agrawal Aleas Raju State of Chhattsgarh & others. WR1T PETITiON (C) N0.4707 OF 2009 Petitioher Toshan Kumar Chandrakar Versus State of Chhattisgarh & others. WRIT PETITION (Cl N0.4710 OF 2009 Petitioner A. Ramarao Versus Resoondents State of Chhattisgarh & others. WR1TPETITION (Ct N0.4711 OF 2009 Versus Sanjay Mahobe State of Chhattisgarh & others. WRFT PETITION <Ct N0.4712 QF 2009 Petitioner Resoondents Versus Vijay Jethani State of Chhattisgarh & others. -»•'•-«»«> ...•:'"."<: ~"\ t ) %:SJE&, * •'.}..f.S-3^.^ T ^L y 9 WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA (SB: Hon'bie Mr. Satish K. Agnihotri, J.) Preseitt:- Shri R.K.Kesharwani, Advocate for the petitioners. Shri M.P.S.Bhatia, Dy. Govt. Advocateforthe State. Shri Vaibhav Gowardhan, Advocate for the respondent Chhattisgarh State Pharmacy Council. Ms. Farah Minhaz, Advocate on behalf of Ms. Fouzia Mirza, Asstt. Solicitor General for the Union of India Shri Y.C.Sharma, Advocate forthe respondent No.5 to 7. 1. ORDER (ORAU (Passed on 07U1 dayof September, 2010) Learned counsel appearing for the petitionere submits that the election of the petitionersas Member pursuant to election held on 5.6.2)07 has been declared as void without affording an opportynity of hearing to the petitioners. The petitioners were neither made a party before the State Government, nor an enquiry was made by the State Govemment with regard to all elected IVIembers. The impugned order dated 17.8.2009 has declared the entire election of Chhattisgarh Pharmacy Council hetd on 5.6.2007 as void without following basic principles of natural justice, that amounts to violation of Article 14 of the Constitution of India. Thus, without going into the merits of the case, the order deserves to be quashed. 3. Learned counsel appearlng for other side concur with the submission made by the petitioners and submit that the order impugned was passedwithout affording an opportunity of hearing 2. 3 5. to the elected Members of the Chhattisgarh Pharmacy Council on the basis of election held on 5.6.2007. In view of above, without going into the merits of the case, the impugned order dated 17.8.2009 is quashed. The matter is remitted back to the State Govemment to consider a fresh after affording opportunity of hearing to atl the etected members and office bearers pursuant to the election of Chhattisgarh Pharmacy Council held on 5.6.2007. All the above petitions are allowed to the above extent. No order asto costs. Sd/- Satish K. Agnihotri Judge i_— ashok