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Supreme Court of India 2018-09-27 allowed

Ministry of Ayush vs Vanitha R & Anr

Bench: 2 — Sanjay Kumar, Alok Aradhe

In Brief

The Ministry of Ayush challenged a High Court Division Bench order that quashed the election of Dr. Vanitha R. as President of the Central Council of Indian Medicine. The core issue was whether a casual vacancy in the President's office (created when the prior President lost his membership) required election for only the remainder of the vacated term or for a full five years. The Supreme Court held that Section 7(3) of the Indian Medicines Central Council Act, 1970 applies to casual vacancies in the President's office, requiring the elected President to serve only the remainder of the term. The March 2017 election was valid but limited to the remaining period until 4 July 2017. The Court set aside the Division Bench's order and upheld the election as legal and valid within its proper statutory tenure.

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