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Supreme Court of India 2018-09-27 allowed

Ministry of Ayush vs Vanitha R & Anr

Bench: 2 — Bench strength not specified in document

In Brief

The Supreme Court determined the proper tenure for an election to the office of President of the Central Council of Indian Medicine held on 14 March 2017. Dr Vanitha R was elected following the loss of membership by a sitting member from Uttarakhand whose term would have ended on 4 July 2017. The Court held that Section 7(3) of the Act—governing casual vacancies—applies to the office of President, not merely Section 7(1). Therefore, the elected President's tenure is limited to the remainder of the previous member's term (until 4 July 2017), not a full five years. Statutory provisions control; regulations and ministerial orders cannot override them. The election was upheld as legally valid.

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Constitutional Law Administrative Law Statutory Interpretation Election of Officers Casual Vacancy

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