1 2025:CGHC:33237 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3681 of 2025 Indian Pharmacist Association Chhattisgarh State Branch, Through Its General Secretary, Mr. Rahul Verma, Pharmacy Bhawan, Near Ashirwad Hospital, Gayatri Nagar, Daganiya, Raipur Chhattisgarh 492013 ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Principal Secretary, Department Of Health And Family Welfare Mahanadi Bhawan, Mantralaya, Atal Nagar, Naya Raipur 492002 Chhattisgarh 2 - Registrar And Returning Officer, Chhattisgarh State Pharmacy Council, Chhgattisgarh State Pharmacy Council, House No. 40, Anand Nagar, Raipur 492006 Chhattisgarh 3 - Shri Arun Kumar Mishra, President Chhgattisgarh State Pharmacy Council, House No. 40, Anand Nagar, Raipur 492006 Chhattisgarh 4 - Shri Rahul Tiwari, Vice President, Chhgattisgarh State Pharmacy Council, House No. 40, Anand Nagar, Raipur 492006 Chhattisgarh 5 - Shri Vijay Parekh, President, Chhgattisgarh State Pharmacy Council, House No. 40, Anand Nagar, Raipur 492006 Chhattisgarh 6 - Dr. Chanchal Deep Kaur, Executive Member, Chhgattisgarh State Pharmacy Council, House No. 40, Anand Nagar, Raipur 492006 Chhattisgarh 7 - Shri Nikesh Kumar Dewangan, Executive Member, Chhgattisgarh State Pharmacy Council, House No. 40, Anand Nagar, Raipur 492006 Chhattisgarh 2 ---- Respondents For Petitioner : Mr. Niraj Baghel, Advocate For State : Mr. Satish Gupta, GA Hon'ble Shri Justice Arvind Kumar Verma Order on Board 16/07/2025 1. The petitioner has been filed this writ petition on the following relief(s) : “i. Kindly set aside and declare the election process of the Chhattisgarh State Pharmacy Council initiated pursuant to Notification dated 13.02.2023 as null and void, being in contravention of the provisions of law and principles of natural justice; ii. Be pleased to direct the Respondents to conduct fresh elections to the Chhattisgarh State Pharmacy Council in accordance with the applicable statutory provisions and established norms ensuring fairness, transparency, and equal participation; iii. Pass any other or further orders, directions or reliefs as may be deemed fit, just and proper in the interest of justice, equity and good conscience.” 2. Learned counsel for the petitioner contended that the present writ petition is being filed under Article 226 of the Constitution of India by 3 the Indian Pharmacist Association, Chhattisgarh State Branch, through its General Secretary, challenging the election process conducted for the Chhattisgarh State Pharmacy Council pursuant to Notification dated 13.02.2023. The impugned election process is vitiated by gross irregularities, arbitrariness, and violations of the mandatory provisions of the Pharmacy Act, 1948- particularly Section 19 and Rule 3 of the Chhattisgarh State Pharmacy Council (Conduct of Election) Rules. More than 80% of the registered pharmacists were excluded from voting, no draft electoral roll was published, objections were not invited, and names of deceased persons were allegedly included in the final voters' list. The Petitioner had made several representations before the concerned authorities, including a request to adopt a secure online voting system as followed in states like Bihar and Tamil Nadu, to prevent manipulation. However, no corrective action was taken. Notably, the earlier election process of the Council had been set aside by the Principal Secretary, Department of Health and Family Welfare, on the same grounds. Despite this, the impugned election was again conducted in the same arbitrary manner. The Petitioner seeks quashing of the said election and issuance of directions to conduct fresh elections in accordance with law. 3. Learned counsel for the State contended that respondent No.1 may directed to consider and decide the representation of the petitioner Annexure P-5 dated 24.04.2023 in accordance with law. 4 4. I have heard learned counsel for the parties and perused the record with utmost circumspection. 5. Considering the facts and circumstances of the case and submission made by learned counsel for the parties at this stage, the instant petition is disposed of directing to respondent No.1 to consider and decide the pending representation of the petitioner dated 24.04.2023 (Annexure P-5) as expeditiously as possible, in accordance with rules, regulations and law. 6. With the aforesaid directions, the instant petition is disposed of. Sd/- (Arvind Kumar Verma) Judge Vasant