Chennai: Suggesting an amendment to Dentists Act 1948, the Madras High Court on Monday dismissed a petition challenging the appointment of Dr Anil Kohli as President of Dental Council of India on the ground he held dual membership.
In his order Justice D Hariparanthaman said `in my view there is no statutory prohibition for holding dual membership. Permitting dual/multiple membership would defeat the very purpose of the Act and first respondent (Health and Family Welfare Ministry) should take efforts to bring an amendment in line with Sec.5(2) of Indian Medical Council Act.`
In the present case it was not just a dual membership but a multi-membership. `Such a thing is not a healthy trend in the functioning of the institution`, the Court said. In a petition seeking to know under what authority Kohli functioned as DCI President, Dr George Paul, a medical practitioner in Tamil Nadu, claimed the Delhi government by
its proceedings on June 9,2009 had nominated Kohli as DCI member under Section 3(e) of the Dentists Act.
His term was upto October 31, 2011. Besides, the Centre had already nominated him as a member from October 21, 2004 for a five year period. Kohli had successfully contested the election held on July 18, 2009 as nominee of the Delhi government and had submitted
his resignation as DCI member under Sec.3(f)of the Act.
The petitioner contended that the Delhi government had no power to nominate Kohli as member to the DCI. The Judge held that Kohli`s election on Jul 18, 2009 `is safe in view of his election to DCI under Sec3(d) of the Act`. The Judge however made it clear that since Kohli had sought election to office of DCI president on July 18, 2009 and his
membership expired on Oct 31, 2011, he could seek relection expiry of his term in order to continue thereafter.
If he failed to seek reelection he should vacate office, the Judge said, adding he should not cling on to the post of president upto 2014 based on his election as DCI member.