Assam Registered Pharmacist Union and Anr v. The State of Assam and 5 Ors

ORDER

19.12.2023

Heard Mr. P.J. Saikia, learned senior counsel assisted by Mr. K.J. Saikia, learned counsel for the petitioners in W.P.[C] no. 2196/2023; Mr. A.J. Das, learned counsel for the petitioners in W.P. [C] no. 6947/2023; Mr. B. Gogoi, learned Standing Counsel, Health & Family Welfare Department for the State respondent nos. 1 – 4 in both the writ petitions; and Mr. B.D. Das, learned senior counsel assisted by Mr. H.R. Das, learned counsel for the respondent no. 5 in W.P.[C] no. 2196/2023 and the respondent nos. 5 & 6 in W.P.[C] no. 6947/2023.

¶2In both the writ petitions, the petitioners have challenged a Notification dated 10.02.2023 issued under the hand of the President-cum-Returning Officer, Assam Pharmacy Council and published in the Assam Gazette, in its issue dated 13.02.2023. As per the said Notification, the said election was contemplated to be conducted using digital mode of system [on-line voting system].

¶3The prime ground of challenge in both the writ petitions is that there is a set of rules viz. 'Rules for Election of Members including the President and the Vice-President of the Assam Pharmacy Council and all the Members of the Executive Committee of the said Council', which have not contemplated any election by digital mode [on-line voting system] and as such, the decision to conduct the election without amendment in the said rules is not permissible, being contrary to the said rules.

¶4Mr. Gogoi, learned Standing Counsel, Health & Family Welfare Department has placed a letter bearing no. E 295996/73 dated 27.10.2023 of the Health & Family Welfare Department, Government of Assam, by which the approval earlier granted by the State Government to the Assam Pharmacy Council's proposal dated 08.02.2023 to conduct election to the Assam Pharmacy Council through digital mode [on-line voting system] has been withdrawn. Page No.# 5/5

¶5Mr. Das, learned senior counsel appearing for the respondent President-cum-Returning Officer, Assam Pharmacy Council has submitted that the election to the 6 [six] nos. of members to the Assam Pharmacy Council under Section 19[a] of the Pharmacy Act, 1948 is going to be conducted through paper ballot system within 3 [three] months in conformity with the extant rules.

¶6With the above submissions, the learned counsel for the parties have conjointly submitted that since the election for the 6 [six] nos. of members are going to be conducted through paper ballot system and earlier approval granted for holding election through digital mode [on-line voting system] has since been withdrawn, there is no surviving cause of action to maintain the two writ petitions.

¶7In view of the above the submissions and the broad consensus arrived at the Bar, the two writ petitions are closed, reserving the liberty to the parities to avail appropriate remedy in the event of any subsequent cause of action.

¶8The documents including the letter bearing no. E 295996/73 dated 27.10.2023 of the Health & Family Welfare Department, Government of Assam, placed by Mr. Gogoi, learned Standing Counsel, Health & Family Welfare Department, are marked as 'X' and kept as part of the case records. JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010263142023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6947/2023o ASSOCIATIONoOFoADVANCEDoPHARMACYoPRACTITIONERSo(AAPP)oANDo ANRo REPRESENTEDoBYoITSoPRESIDENToSRIoBIRENDRAoKUMARoBARMAN,o HAVINGoITSoREGISTEREDoOFFICEoAToNO.o1,oSAWARNAVILLA,oB.R.oPATH,o NEARoRISCONoENCLAVE,oSAWKUCHI,oP.S.-BASISTHA,oDIST-KAMRUPo(M),o PIN-781001,oASSAM 2:oBIRENDRAoKUMARoBARMAN oS/OoLATEoPABINDRAoBARMAN oR/OoHOUSEoNO.o38 oF.C.oROAD oUZANBAZAR oGUWHAATI-781001 oDIST-KAMRUPo(M) oASSAo VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVERNMENToOF ASSAM,oHEALTHoANDoFAMILYoWELFAREoDEPARTMENT,oDISPUR,o GUWAHATI-6 2:THEoDIRECTORoOFoHEALTHoSERVICES oASSAM oHENGRABARI oGUWAHATI-36 3:THEoASSAMoPHARMACYoCOUNCIL oREPRESENTEDoBYoITSoPRESIDENT oPHARMACYoBHAWAN oDIRECTORoOFoHEALTHoSERVICEoCAMPUS oHENGRABARI oGUWAHATI-36 Page No.# 2/5 ASSAM 4:THE REGISTRAR ASSAM PAHRMACY COUNCIL DIRECTOR OF HEALTH SERVICE CAMPUS HENGRABARI GUWAHATI-36 ASSAM 5:THE PRESIDENT-CUM-RETURNING OFFICER ASSAM PHARMACY COUNCIL DIRECTOR OF HEALTH SERVICE CAMPUS HENGRABARI GUWAHATI-36 ASSA Advocate for the Petitioner : MR. A J DAS Advocate for the Respondent : SC, HEALTH Linked Case : WP(C)/2196/2023 ASSAM REGISTERED PHARMACIST UNION AND ANR REP. BY ITS GEN. SECY. DIGANTA CHOUDHURY HAVING ITS REGD OFFICE AT PANJABARI GUWAHATI KAMRUP ASSAM 2: SRI DIGANTA CHAKRABARTY GS OF ARPU S/O- DULAL CHAKRABARTY R/O- PANJABARI BAGHORBORI GUWAHATI-37 3: IKBAL HUSSAIN CHIEF ORGANISING SECY. OF ARPU S/O- RAFIQUL ISLAM R/O- VILLAGE - Page No.# 3/5 JARAMARI BALISATRA DHING NAGAON-782122 ASSAM VERSUS THE STATE OF ASSAM AND 5 ORS PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM HEALTH AND FAMILY WELFARE DEPARTMENT DISPUR GUWAHATI-06 2:THE DIRECTOR OF HEALTH SERVICES HENGERABARI GUWAHATI-36 3:THE ASSAM PHARMACY COUNCIL REP. BY ITS PRESIDENT PHARMACY BHAWAN DIRECTOR OF HEALTH SERVICE CAMPUS HENGERABARI GUWAHATI-36 ASSAM 4:THE REGISTRAR ASSAM PHARMACY COUNCIL DIRECTOR OF HEALTH SERVICE CAMPUS HENGERABARI GUWAHATI-36 5:THE PRESIDENT CUM RETURNING OFFICER ASSAM PHARMACY COUNCIL DIRECTOR OF HEALTH SERVICE CAMPUS HENGERABARI GUWAHATI-36 6:SRI MUNINDRA CHANDRA DEKA PRESIDENT CUM REGISTRAR ASSAM PHARMACY COUNCIL DIRECTOR OF HEALTH SERVICE CAMPUS HENGERABARI GUWAHATI-36 ASSAM ------------ Advocate for : MR. U K NAIR Advocate for : SC HEALTH appearing for THE STATE OF ASSAM AND 5 ORS Page No.# 4/5 BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY