Sunil Kumar Katyal vs The State of Punjab and Others

Rajesh Bindal, J.—This order will dispose of CWP Nos. 11141 and 11142 of 2011, as common questions of facts and law are involved therein.

Notice of motion.

Mr. V. K. Jindal, Additional Advocate General, Punjab, and Mr. B. S. Walia, Advocate, who are present in court, accept notice on behalf of Respondent No. 1 and Respondent Nos. 2 & 3, respectively.

The dispute in the writ petitions is regarding rejection of nomination papers filed by the Petitioners to contest election to Punjab Medical Council. The candidature has been rejected on the ground that names of the candidates as mentioned in the nomination papers do not tally with the name appearing in the electoral roll and the name of the proposer is also not complete as per the electoral roll. The identity of the persons, who are the candidates or the proposer, is not in dispute. The dispute is only regarding writing complete or short name either in the nomination paper or in the electoral roll.

Mr. B. S. Walia, Advocate, submitted that nomination papers of four candidates were rejected with similar objections.

As it is an election to the Apex Body of Medical Practitioners in the State of Punjab and the dispute is only pertaining to the names of the persons, who are candidates, either written in short or not tallying with the electoral roll, and identity thereof as such not being in dispute, to bring it in conformity with the electoral roll, in case there is any error therein, the Petitioners may approach the Registrar, Punjab Medical Council, for bringing their grievances to his notice, who shall consider the same and pass an appropriate order, preferably by 22.6.2011.

As besides the Petitioners in the present writ petitions, there are two other candidates, whose candidature was rejected under similar circumstances, to avoid multiplicity of litigation and to offer fair opportunity to all the candidates, lest anybody raises grievances of discrimination later on, they shall also be at liberty to represent to the Registrar, Punjab Medical Council, for redressal of their grievances. The Registrar will inform the other two candidates about the order passed by this Court.

With the aforesaid observations, the writ petitions are disposed of.

Copy of the order be given dasti to the counsel for the parties under the signatures of the Special Secretary of this Court.