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

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 w