IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15626 of 2006 Dr. Mahesh Chandra Prasad, age about -44 years, son of late Baidnath Prasad, resident of Mohalla- Aghoria Bazar, Near Central Bank of India, P.S. Kazi Mohmmadpur, P.O. Ramna District-Muzaffarpur. …………. Petitioner Versus 1. The Registrar, Bihar State Homeopathy Medical Board, Patna; 2. The Secretary, Ministry of Health and Family Welfare, New Delhi; 3. The Secretary, Central Council of Homeopathy, New Delhi; 4. The Principal cum Returning Officer, Central Council of Homeopathy (Election) Bihar & Jharkhand, Muzaffarpur. ………… Respondents. CWJC No. 15489 of 2006 Dr. Ram Pujan Singn son of Late Gorakh Singh, resident of Mohalla Saidpur Road, Hasanpur, P.S-Sultanganj, District- Patna …………. Petitioner. 1. The State of Bihar 2. Health Commissioner, Govt. of Bihar, New Secretariat, Patna. 3. Deputy Advisor (Homeopath), Indian Red-Cross Society Building Indian Red Cross Road, New Delhi-110001. 4. Deputy Director (Homeopath), Govt. of Bihar, Patna. 5. Secretary Homeopathy Central Council, New Delhi. 6. Returning Officer Central Council of Homeopathy Election R.B.T.S. Govt. Homeopathic Medical College and Hospital Muzaffarpur 842002. 7. Registrar Bihar State Homeopathic Medicine Board Kadam Kuan, Patna-80003. ………….. Respondents. ----------- 2 05.02.2009 In both these writ applications, the petitioners have challenged the steps taken pursuant to the election programme notified by the Central Government. Admittedly, a dispute with regard to the same allegation had been made subject matter in C.W.J.C. No. 14681 of 2006 wherein a learned Single Judge of this Court by the judgment dated 5.1.2007 had allowed the writ application and had set aside the entire election programme. As against the said order of the learned Single Judge of this Court, an appeal being L.P.A. No. 167 of 2007 was preferred by the Returning Officer-cum-Principal Secretary, Central Council of Homeopathy (Election), and the Division Bench of this Court by a - 2 - judgment dated 24th of November, 2008 had set aside the order of the learned Single Judge and consequently had also dismissed the writ application. In paragraph No.22 of the said judgment, the Division Bench had also noted the subsequent events and thereafter had left the matter to the discretion of the Central Government by directing to take necessary follow up actions for holding the election/completing the election process. Paragraph No.22 of the said judgment reads as follows:- “At this stage, we are informed by the counsel for the interveners that subsequent to the order dated 05th January, 2007 passed by the Single Judge, Bihar State Board of Homoeopathic Medicine started correcting and updating its register and fresh notification has been issued. We may notice that under section 4 of the Central Act, the election is conducted by the Central Government. In the event of any dispute regarding election to Central Council, sub-section (2) of section 4 provides that such dispute shall be referred to the Central Government whose decision shall be final. In the circumstances, it is for the Central Government who has to take a final call as to whether it must take the election notified vide election notice dated 03rd November, 2006 published in Dainik Jagaran on 07th November, 2006 to a logical conclusion or to hold the election afresh since the Bihar State Board of Homoeopathy has started updating and correcting the State Registrar of Homoeopathy. Order, accordingly.” In view of the aforementioned direction of the Division Bench, the grievance in either of the writ application has now become academic if not infructuous because now everything in relation to the - 3 - election has to be decided and acted upon by the Central Government itself. However, this Court would notice one of the common grievance in both these writ applications namely that no election has been held for last 15 years, for one reason or another. In the opinion of this Court such impasse cannot be allowed to continue. If the law requires an election to be held in every five years, the Central Government, being the appropriate authority for holding such election, must conduct elections in time and in accordance with law. That being so, the order of this Court dated 24th of November, 2008 in L.P.A. 167 of 2007, itself must be complied in letter and spirit and the elections if so required to be held as envisaged in the law, must be conducted and completed within a period of six months from the date of receipt/production of a copy of this order. With the aforementioned observations and directions both these writ applications are disposed of. Bibhash (Mihir Kumar Jha, J.)