Mumbai: Acting on the directions of the Supreme Court, the state on Wednesday was forced to replace the returning officer for the Maharashtra Medical Council’s election in order to hold it as per schedule on Thursday.
For hours, uncertainty loomed over whether the election would be postponed, and the ambiguity was resolved when the secretary of medical education issued a message to doctors’ groups, announcing that the election would continue as scheduled. Sunil Dhonde, an undersecretary in the medical education department, was appointed the new returning officer, clearing the way for the polls to proceed.
Advocate V M Thorat, for the doctor who filed the SLP, said he would approach the SC on Friday to challenge the state’s move of holding the polls as scheduled for being an “incorrect interpretation of the apex court’s order” and seek a stay on the declaration of MMC poll results.
The SC was hearing a special leave petition challeging the appointment of an officer below the rank of undersecretary as the returning officer. A doctor had gone in appeal against the Bombay high court order that dismissed his contention.
The SC bench of Justices Ahsanuddin Amanullah and Prashant Kumar Mishra on Wednesday said the officer should be as mandated by law, and the law mandates that such an officer should not be below the rank of an undersecretary to the govt.
The SC said the MMC poll had not been held since 2016 and was due from 2022, and hence the Maharashtra govt “may appoint the returning officer forthwith”, and on such appointment, the election process can proceed.
The apex court has posted the matter for hearing on Monday.
The HC division bench of Justices Girish Kulkarni and Advait Sethna had held that once the officer’s applicable pay level corresponded to the pay band and grade pay was equivalent to “undersecretary to govt”, she could be held eligible to be appointed as returning officer, “being a person not below the rank of under secretary”, as mandated by MMC rules. The petition challenging her appointment was filed only on Feb 10, the HC noted while also observing that there was nothing on record connecting the RO now with the administration or management of the MMC.
Dr Tushar Jagtap, a candidate from the ‘Healing Hands Unity Panel’, said, “We were hoping that the appointment of a new returning officer would mean the process begins afresh, allowing thousands of doctors to reclaim their right to vote. But as it stands, they remain shut out.”
Dr Sudhir Naik, who had petitioned the HC for more polling stations, said, “There was no need for the govt to rush like this. The polling centres are too few for 2 lakh doctors, forcing many to travel long distances from rural areas to their district booths. Unlike previous elections, which were held on a Sunday, this one is happening midweek, making it even harder for doctors to participate.”