- (1.)THE Petitioner - Dr. Kulkarni is a practitioner in homoeopathy Medicine and he is also an ordinary Member of Central Council of Homoeopathy. The council is constituted under Section 3 of the Act, section 4 of the Act provides for election of the Council. Rule in this behalf have ben framed. The term of the outgoing Managing Committee was to expire in April 1988. Therefore, they initiated the process initially by convening the meeting sometime in April 1987. The next meeting was conveyed on 6th October, 1987. According to the Resolution, the Respondents have declared election programme on 4th December, 1987 fixing various stages of election such as Publication of Voters' list, filling of Nomination Forms, Scrutiny and Withdrawal. After scrutiny and withdrawal, on 22nd January, 1988 the authorities have declared the names of candidates contesting the elections from the State of Maharashtra. The petitioner was one of the contesting candidate as shown at serial number 9. The date of polling was 11-4-1988.
(2.)FURTHER as per the Election Programme, the ballot papers were to be despatched by Registered Post in January 1988 and they were to be received by the council on or before 5 p. m. on 8th April, 1988. However, these ballot papers were not received. The petitioner, therefore, made a representation on 27th February, 1988 to the council enquiring either the postponement or cancelation of the election. The Petitioner has further questioned as to under whose authority the election is postponed or cancelled. He also called upon the council to reply else he would be constrained to move this court. This letter was not replied.
(3.)THE Petitioner, therefore, on 7th March, 1988 filed the instant petition. The- Petitioner, amongst others, claimed relief of a direction of a writ in a nature of Mandamous to the Council to hold elections according to the notification which was published as discussed above on 4th December, 1987.