IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2019 PRESENT THE HON'BLE MR. JUSTICE ARAVIND KUMAR AND THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ C.C.C. NOS.1466-1468 OF 2019 (CIVIL) BETWEEN:
1. DR. SHRIKANTH N. HEDGE S/O NAGAPPA D. HEDGE AGED 53 YEARS RESIDING AT DHANVANTHARI 5TH CROSS, VENKATESH NAGAR SHIMOGA-577201 KARNATAKA MEDICAL COUNCIL REGISTRATION NO.28118 2. DR. SRINIVASA BEVINJE KAKKILAYA S/O VISHNU BEVINJE KAKKILAYA AGED 54 YEARS RESIDING AT AKSHAYA KADRI KAIBATTAL 5TH CROSS, ALVARES ROAD MANGALORE-575002 KARNATAKA MEDICAL COUNCIL REGISTRATION NO.27070 3. DR. R. RAVINDRA S/O LATE M. RAMAIAH AGED 56 YEARS RESIDING AT NO.652 12TH MAIN ROAD, 2ND BLOCK RAJAJINAGAR BANGALORE-560010 KARNATAKA MEDICAL COUNCIL REGISTRATION NO.27416 ... COMPLAINANTS (BY SRI. S. BASAVARAJ, ADVOCATE) AND:
1. DR. H. VEERABHADRAPPA PRESIDENT KARNATAKA MEDICAL COUNCIL ESTABLISHED UNDER THE KARNATAKA MEDICAL REGISTRATION ACT, 1961 NO.16/6, 2ND FLOOR MILLER TANK BED AREA VASANTHNAGAR BANGALORE-560052 2. DR. B.P.S. MURTHY REGISTRAR KARNATAKA MEDICAL COUNCIL ESTABLISHED UNDER THE KARNATAKA MEDICAL REGISTRATION ACT, 1961 NO.16/6, 2ND FLOOR MILLER TANK BED AREA VASANTHNAGAR BANGALORE-560052 3. MR. JAWAID AKHTAR PRINCIPAL SECRETARY DEPARTMENT OF MEDICAL EDUCATION VIDHANA SOUDHA BANGALORE-560001 ... ACCUSED (A1-SERVED;
SRI. R.C. NAGARAJ, ADVOCATE FOR A2; SRI. V. SREENIDHI, AGA FOR A3) THESE CCCs ARE FILED UNDER ARTICLE 215 OF THE CONSTITUTION OF INDIA READ WITH SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, PRAYING TO SUMMON THE ACCUSED AND TO IMPOSE SUITABLE PUNISHMENT ON THE ACCUSED FOR HAVING VIOLATED THE ORDER DATED 12.02.2018 PASSED IN W.P.NOS.48880-48882/2016, A CERTIFIED COPY OF WHICH ORDER IS PRODUCED HEREWITH AND MARKED AS ANNEXURE-A.
THESE CCCs COMING ON FOR HEARING BEFORE FRAMING OF CHARGES, THIS DAY, ARAVIND KUMAR, J., PASSED THE FOLLOWING:-
O R D E R
Petitioners in W.P.Nos.48880-48882/2016 had approached the learned Single Judge seeking a writ of mandamus to the respondent to conduct election of the Governing Council of Karnataka Medical Council in accordance with provisions of Karnataka Medical Registration Act, 1961 and Rules, 1963 made thereunder. After consideration of rival contentions, learned Single Judge by order dated 12.12.2018 (Annexure-A) had directed the respondents to take a decision with regard to proposal of amendment to Karnataka Medical Registration Rules within a period of two months from today and if approval of Rules is accorded by State Government, 2nd respondent was directed to initiate proceedings to conduct elections of the Medical Council in accordance with provisions of Act and Rules.
2. Alleging amended Rules though have been approved by the State Government, elections have not been held to the Karnataka Medical Council, these proceedings are initiated. On previous date of hearing i.e., on 19.11.2019, an affidavit came to be filed by the Returning Officer who had been appointed to conduct elections. Same was taken on record including the undertaking given by the Returning Officer that elections would be concluded before 25.01.2020. Since Calendar of Events was not forthcoming along with the counter affidavit, matter was adjourned to today.
3. Learned Additional Government Advocate has filed a memo enclosing Calendar of Events published by the Returning Officer/Joint Registrar of Co-operative Societies which would indicate the manner in which the Returning Officer has ordered for conducting elections to the Karnataka Medical Council and conclusion of said process on 25.01.2020.
4. In that view of the matter, by placing the memo on record, we drop the contempt proceedings.
Sd/- JUDGE Sd/- JUDGE Prs*