The Madras High Court has ordered the state to revise the “archaic” Madras Medical Registration Act, 1914 after it was taken to court to declare that the old law was still being used by the Tamil Nadu Medical Council. conduct his election and elect the office. carriers.

Justice R Subramaniam He directed the state government to revise the old practice within a period of three months and directed the Tamil Nadu Medical Council (TNMC) to postpone its election till then.

The court was hearing a petition by Dr P Balakrishnan, president of the Tamil Nadu Democratic Government Medical Association. The petitioner alleged that the election to the TNMC was not conducted in a proper manner. It was submitted that TNMC relied on the voting system and there were many variations in the way it was done. This leads to arguments and foul play, the petitioner admits.

The petitioner sought that the election be held in a fair and transparent manner with an option for online voting in 2023.

During the hearing, it was revealed to the media that the council is still relying on the “archaic” law to make its decision. As per Article 5(1), the Council shall consist of 15 members out of which one shall be appointed by the Senate of the Madras Medical College, one from the Senate of the Andhra University and the other shall be a practicing physician from the Vishakapatnam Medical College. . The court understood these things because the law was established before the state’s language division. Therefore, the court found that the law needed to be reformed.

“How can you conduct elections with old rules? This is for the Madras presidency. Change the rules and then conduct elections.” said the court orally.

The Advocate General said the government is considering the issue and has sought three months to complete the work. Considering this, the court passed orders.

Meanwhile, the court has also ordered that the court order will not affect the work of the office bearers at this time. The court ordered them to continue until new rules are developed by the government.

Title: Dr P Balakrishnan v The Tamil Nadu Medical Council and others

Reference: 2022 LiveLaw (Mad) 498

Case Number: WP No. 28649 of 2022



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