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Calcutta High Court orders West Bengal Medical Council Dissolution for Not Holding Elections for the Last 33 Years

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Aaratrika Bhaumik    01 July 2022

Calcutta High Court on Wednesday ordered the present West Bengal Medical Council to be dissolved from July 31 on the ground that no elections for the constitution of a new Council have been conducted since 1988 and further directed that a newly elected Medical Council should be constituted at latest by October 31, 2022. 

In the meantime, the State government was ordered to appoint an ad hoc council, adhering to the relevant provisions of the Bengal Medical Act, 1914 for the limited purpose of conducting the next elections of the Council by pointing out that "The contravention alleged is not merely of Article 14, but also of Article 19 of the Constitution of India and the safety and well-being of the citizens at large, since the illegality affects the functioning of the entire medical community, which ultimately concerns the health and well- being of the entire community.”

Stipulating the limited functions that are to be carried out by the present Medical Council, the Court observed, "Till July 31, 2022, the present council shall exercise only the essential day-to-day financial and other activities of the West Bengal Medical Council, but shall not dispose of, transfer and/or encumber any asset of the council and/or assets over which it has powers of disposal statutorily.

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