SACHIN PRABHU PAWAR vs STATE OF MAHARASHTRA THROU. ITS MINISTRY OF MEDICAL EDUCATION AND DRUGS AND ORS

Judgment text excerpt

Digitally signed by PRASHANT PRASHANT VILAS RANE VILAS Date: RANE 2025.03.20 22:03:48 13.WP2997_2025.doc +0530 Vidya Amin/PVR IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2997 OF 2025 Dr. Sachin Prabhu Pawar ...Petitioner Versus 1. State of Maharashtra, through its Ministry of Medical Education & Drugs 2. Maharashtra Medical Council, through its Administrator 3. Ms. Shilpa Parab, Returning Officer Maharashtra Medical Council ...Respondents __________ Mr. V.M. Thorat i/b. Mr. M.V. Thorat for the petitioner. Ms. S.A. Prabhune, AGP for the State. Mr. Brijesh Rathod a/w. Ms. Jesika Rathod for respondent no. 2. Ms. Priyanka Patil for respondent no. 3. __________ CORAM : G. S. KULKARNI & ADVAIT M. SETHNA, JJ. DATE : 20 MARCH 2025 JUDGMENT: (Per G. S. Kulkarni, J.) 1. This petition under Article 226 of the Constitution of India primarily assails the appointment of respondent no. 3 as the “Returning Officer”, to hold elections of respondent no. 2-Maharashtra Medical Council (for short “MMC”). The substantive reliefs as prayed for in the petition are as follows:- “(a) call for the relevant records and proceeding from the office of the Respondents and after going into the legality of the same, direct the Maharashtra Medical Council to declare the voters’ list afresh and amend/alter further steps accordingly, including filling up nomination, withdrawal of the same and the date of election and for that purpose issue writ and/or order. Page 1 of 20 13.WP2997_2025.doc (b) direct the Respondent State to forthwith appoint unbiased returning officer as stipulated under Rule 6 of the MMC Rules 1967. (c) direct the Respondent State of Maharashtra to forthwith appoint the Returning Officer to monitor election of Maharashtra Medical Council with f