:1: IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.501 OF 2007 WITH WRIT PETITION NO.2444 OF 1999 Association for Consumer Action on Safety and Health and ors. ..Petitioners. Vs. The Maharashtra Medical Council and ors. ..Respondents. Mr. Sanjay Udeshi i/by Sanjay Udeshi & Co. for the Petitioners. Mr. A.A. Kumbhakoni with Mr. Madhav J. Jamdar for the Respondents 1 and 2. Mr. Bimal Bhabhda i/by Apte & Co. for the Respondent No.9. CORAM: F.I. REBELLO & R.S. MOHITE, JJ. DATE : 2nd December, 2008 P.C. P.C. P.C. 1. In the motion which was taken out, the parties agree that both the motion and writ petition may be disposed off by imposing certain terms. 2. The petitioners have challenged the election held to the managing committee of respondent No.1-The Maharashtra Medical Council in the year 1999. Pursuant, a new committee was elected. That committee never took the charge and an Administrator was appointed by the State Government. Till date the said Administrator continues. 3. We are informed that the term of the office of the :2: elected body would have expired in 1999. The grievance of the petitioners was that instead of postal ballot, election be held by secret ballot. The rules were circulated for objection. A notification has now been issued by the State Govt. on 12.1.2002 notifying the new rules. The new rules provide for election by secret ballot. 4. By the present motion, the Administrator appointed for the Maharashtra Medical Council seeks permission to hold fresh election to the managing committee of the council. We are informed that it will take four months to commence and complete the election process. 5. We are also informed that new rules have been challenged before the Aurangabad Bench of this court by Writ Petition No.1055/2006. Till date petition has neither been admitted nor any interim relief has been granted. In other words, as of today there is no order restraining the Administrator appointed from conducting and holding the election as per the rules now notified or for this court to pass an order. On behalf of the petitioners, it is pointed out that, another challenge to the petition was non maintenance of the register. Parties agree that the new rules provide update of the register. :3: 6. In the light of the above, the counsel for the petitioners seeks leave to withdraw the petition. Accordingly, motion and petition are disposed off in the following terms. a) Petition is dismissed as withdrawn. b) Rule is discharged. c) The Administrator of Respondent No.1 is directed to hold fresh elections in terms of the new rules as notified and complete the election process within a period of five months from today. Until such new committee is elected, the Administrator appointed to continue in the office and also conduct elections according to rules. (R.S. MOHITE, J.) ( F.I. REBELLO,J.)