No elected Member, shall hold the office of the President, Vice President or Member, beyond a period of three months from the expiry of their term – even when election is not conducted
A judgment by the Supreme Court bench consisting of Hon’ble Justice S.H. Kapadia, A.K. Patnaik and Swatanter Kumar
“In the eventuality of exceptional circumstances, if the Central Government is not able to hold elections within the period of the prescribed term, it shall complete the process within a reasonable time thereafter and in no case, exceeding three months from the date on which the term of the members in office expires“.
“We direct the Secretary, Ministry of Health and Family Welfare and the President of the Central Council to circulate copies of this judgment, for strict compliance by all concerned”.
“Thus, in our considered opinion, a period of three months would be more than sufficient time for completing the election process, in the event of exceptional circumstances and if the elections had not been commenced and completed within the period of previous tenure of five years, as is the requirement of law, and the Government cannot abjure its obligation to do so within a maximum period of three months.
We make it clear that it is the obligation of the Central Government to hold election to the Central Council within the period of five years i.e., before expiry of , the term of office of the President/ Vice-President and Member of the Central Council, as provided under Section 7 of the Act.
This three month’s time limit shall operate only and as and when the Central Government and the Central Council jointly and severely are not able to hold the fresh elections within the term of office of the previously elected members.
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) NO. 33 OF 2009
K.B. Nagur M.D. (Ayu.) … Appellant Versus Union of India … Respondent WITH
- I.A. NOS. 1, 3, 4, 6, 7, 8, 9, 10 AND 11 AND WRIT PETITION (CIVIL) NO. 249 OF 2011
- TRANSFER PETITION (CIVIL) NO. 736 OF 2011
- TRANSFER PETITION (CIVIL) NO. 737 OF 2011
- TRANSFER PETITION (CIVIL) NOS. 738-739 OF 2011
Download the judgment copy : https://files.secureserver.net/4sR0kC7kMXJ7ll