In a significant development, the Supreme Court of India has issued a directive for the long-overdue elections to the Maharashtra Medical Council (MMC) to be conducted within a strict three-month timeframe. The apex court has ordered the process to begin afresh under a newly appointed returning officer, ensuring all statutory procedures are meticulously followed.
Court Mandates Fresh Start for Election Process
A bench comprising Justices Ahsanuddin Amanullah and R Mahadevan, on January 7, instructed the newly appointed returning officer (RO) to initiate the entire election process de novo, meaning from the very beginning. The bench emphasized that every step mandated by law must be adhered to, which includes conducting hearings for any objections raised against the provisional voters' list.
In a voter-friendly move, the Supreme Court specifically ordered that the polling date must be fixed on a holiday, such as a Sunday or a public holiday. This directive aims to facilitate maximum participation by the council's members, who are practicing doctors with busy schedules.
The court also made it clear that all parties involved, including the petitioner and intervenors, must extend their full cooperation to the returning officer to ensure the smooth and timely conduct of the elections.
Background of the Prolonged Election Delay
The elections to the Maharashtra Medical Council have been in a state of limbo, with no polls held since 2016. The council's term ended in 2022, making the election overdue for years. The delay prompted legal intervention from concerned members of the medical fraternity.
The matter reached the Supreme Court after a petitioner, Dr. Sachin Pawar, challenged the appointment of the previous returning officer on grounds of eligibility. Initially, the Bombay High Court, in March 2025, had dismissed Dr. Pawar's petition, terming it as "misconceived."
Unsatisfied with the High Court's decision, Dr. Pawar approached the Supreme Court. On April 2, 2025, just a day before the previously scheduled election date, the Supreme Court bench stayed the entire election process. It directed the Maharashtra state government to appoint a different returning officer to oversee the polls.
Supreme Court's Final Directive and Warning
During the proceedings, Solicitor General Tushar Mehta, representing the state, fairly submitted that the court could direct the new returning officer to conduct the elections afresh by following the due procedure of law. The Supreme Court accepted this suggestion.
Represented by counsel Shantanu Phanse, Dr. Pawar expressed his satisfaction with the appointment of the new RO. The Supreme Court, while disposing of the Special Leave Petition (SLP), directed that the polls must be taken to their "logical conclusion."
To prevent further delays and litigation, the court issued a crucial order: no other court shall entertain any plea against the conduct and conclusion of these elections. Any challenge would have to be made by moving an application within the present proceedings itself.
The bench concluded with a strict warning, stating that if it found any objections raised during the process to be frivolous, it would deal with such objections very strictly. This underscores the court's intent to see this long-pending electoral process through to completion without unnecessary hindrances.
