Delhi HC: Observer of Elections Appointed

Delhi HC Appoints J(Retd) G.S. Sistani as Observer of Elections

In the recent case of Dr. Vivek Kumar v Union of India [2021] GCtR 1151 (Delhi) , former retired Judge of Hon'ble Delhi High Court Shri G.S. Sistani has been appointed as observer to the elections of Dental Council of India. 

Highlighting the "democractic functioning" at para 21, it was noted in the context of Dental Council of India that "in the absence of the President/Vice President, members can elect the Chairman among themselves, who shall preside over the meeting of the Executive Committee." Court further did not agreed with the submissions that "election of the Vice President of the council should await the framing of new regulations." It has been further held at para 13 that "the executive power of the" "council vests with the Executive Committee, but the powers to give effect to the said decisions of the Executive Committee vest with the President." At para 15, it was explained what is doctrine of necessity that it is "a common law doctrine that is applied to tide over situations where there are difficulties, on the premise that the law does not contemplate a vacuum and a solution has to be found out rather than allowing the problem to boil over."

Refer Delhi High Court's Judgment dt. 18 June 2021 in CM 16529/2021 in WP(C) 5355/2021 .delhihighcourt.nic.in