VidhiSangh

Supreme Court of India · 27/09/2018

MINISTRY OF AYUSH versus DR. VANITHA R. & ANR.

[2018] 12 S.C.R. 895 · 2018 INSC 907

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Summary

The Supreme Court held that an election to fill a casual vacancy in the CCIM presidency was for the outgoing President’s unexpired term, rather than a fresh five years. Dr Vanitha R.’s March 2017 election therefore conferred tenure only until 4 July 2017. The Ministry’s earlier contrary interpretation and the election notice’s reference to Section 7(1) could not enlarge that statutory tenure. The Court allowed the Ministry’s appeal, upheld the 23 March 2018 election and directed counting and declaration of its result within ten days, without costs.

Issues

  1. Whether the casual-vacancy provision covered the presidency and vice-presidency as well as ordinary Council membership.
  2. Whether the earlier Ministry decision, election notice or vice-presidential rotation regulation conferred a fresh five-year presidential term.
  3. Whether the March 2018 election and declaration of its result should stand.

Provisions considered

Held

Result

Appeal allowed; Division Bench order set aside and 23 March 2018 election upheld. Counting and declaration directed within ten days, with stays on declaration ceasing to operate. No costs.

Judgment PDF: Supreme Court of India, [2018] 12 S.C.R. 895.