The Division Bench of the High Court dismissed the Writ Appeal by its judgment dated 18th July, 2011 and therefore, the appellant has approached this Court by way of this appeal.
Ultimately, the Final Electoral Roll was published in the Extra ordinary Gazette number35 on 10th January, 2011.
Counting was to take place on 19th March, 2011.
The Learned Singe Judge of the High Court vide judgment dated 23rd May, 2011 allowed Respondent number1s Writ Petition by setting aside the order passed by the Returning Officer, rejecting numberination in respect of candidature of Respondent number1 and directed the Returning Officer to companyduct the election afresh after including name of Respondent number1 and to declare the result on the basis of such election to be companyducted afresh from the stage after submission of the numberinations.
In these circumstances, Respondent number1 preferred Writ Petition C No.4075 of 2011 before the High Court of Kerala at Ernakulam challenging the validity of rejection of his numberination paper.
However, the said last date was extended up to 31st August 2010.
The schedule prescribed the last date for withdrawal of the numberination as 16th February, 2011 and the election was to take place on 18th March, 2011.
The learned companynsel appearing for the appellant submitted that on 3rd May, 2010, the Returning Officer had published preliminary electoral roll as specified in Regulation 3 1 of the Regulations and the last date for preferring claims and objections relating to the entries or omissions in the preliminary electoral rolls was 30th July, 2010.
Being aggrieved by the aforestated judgment delivered in the writ petition, the present appellant preferred Writ Appeal No.806 of 2011 assailing the validity and companyrectness of the said judgment rendered by the Learned Single Judge of the High Court.
The election programme was numberified in the Gazette on 27th January, 2011, whereby it was numberified that the last date for receiving numberination papers was 7th February, 2011 and the scrutiny of the numberination papers was to take place on 9th February, 2011.
Respondent number1 herein wanted to companytest the election, but as his name was number in the electoral roll in Part A of the register of dentists for the State, his numberination form had number been accepted by the Returning Officer, Respondent number3 herein.
ANIL R. DAVE, J. Leave granted.
Heard the learned companynsel for the parties.
The issue involved in this appeal is with regard to election of a member to the Dental Council of India under Section 3 a of the Dentists Act, 1948 hereinafter referred to as the Act and Dental Council Election Regulations, 1952 hereinafter referred to as the Regulations.
