- 1 - NC: 2025:KHC-D:2380 WP No. 107627 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107627 OF 2024 (GM-RES) BETWEEN: 1. KARNATAKA ELECTRO HOMEOPATHY FOUNDATION (REG), REPRESENTED BY ITS PRESIDENT, BASAVARAJ BANDI, OFFICE AT: MAIN BAZAR, NEAR URBAN BANK, SAUNSHI, TQ. KUNDAGOL, DIST. DHARWAD, PIN. 581117. 2. MAHESH S/O. SHANKRAPPA GOJANUR, AGE. 56 YEARS, OCC. ELECTROPATHY PRACTITIONER, R/O. SHIRAHATTI, TQ. SHIRAHATTI, DIST. GADAG -582120. …PETITIONERS (BY SRI. SADIK KANVI, ADVOCATE) AND: 1. THE TALUKA HEALTH OFFICER, R/O. SHIRAHATTI, TQ. SHIRAHATTI, DIST. GADAG -582120. 2. THE DISTRICT HEALTH AND WELFARE OFFICER, GADAG, TQ. & DIST. GADAG -582101. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:2380 WP No. 107627 of 2024 3. THE STATE GOVERNMENT OF KARNATAKA, HEALATH AND FAMILY WELFARE DEPARTMENT, REPTD. BY ITS SECRETARY, VIKASA SOUDHA, BENGALURU -560001. 4. DEPARTMENT OF AYUSH, REPRESENTED BY ITS DIRECTOR, DHANVANTRI ROAD, ANAND ROAD CIRCLE, BENGALURU -560009. …RESPONDENTS (BY SRI SHARAD V. MAGADUM, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO, ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION DIRECTING THE RESPONDENTS THAT THE ELECTRO-HOMEOPATHY/ELECTROPHATHY SYSTEM OF MEDICINE PRACTICED BY THE PETITIONERS IS NOT REGULATED UNDER THE KPME ACT AND THAT NO ACTION CAN BE INITIATED AGAINST THEM UNDER THE PROVISIONS OF THE KPME ACT. ISSUE ANY OTHER APPROPRIATE, ORDER, OR DIRECTION DIRECTING THE RESPONDENT NO.1 TO WITHDRAW THE NOTICE DATED. 19-02-2024 PRODUCED AT ANNEXURE-B. DIRECT THE RESPONDENTS TO REFRAIN FROM ANY FURTHER INTERFERENCE OR COERCIVE ACTIONS AGAINST THE PETITIONERS PRACTICE OF THE ELECTRO- HOMEOPHATHY/ELECTROPHATHY SYSTEM OF MEDICINE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:2380 WP No. 107627 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioners are before this Court seeking the following prayers: I. Issue a writ of mandamus or any other appropriate writ, order, or direction directing the respondents that the Electro- Homeopathy/Electrophathy system of medicine practiced by the petitioners is not regulated under the KPME act and that no action can be initiated against them under the provisions of the KPME Act. II. Issue any other appropriate, order, or direction directing the respondent no.1 to withdraw the notice dated. 19-02-2024 produced at Annexure- B. III. Direct the respondents to refrain from any further interference or coercive actions against the petitioners practice of the Electro- Homeophathy/Electrophathy system of medicine. IV. Pass any such further order or direction as this Hon’ble Court may deem fit and proper in the circumstances of the case. 2. The learned counsel for the petitioners and learned AGA appearing for respondents, in unison, submit that the issue in the lis stands answered by the judgment rendered by the Coordinate Bench, which follows clarification of the Apex Court in identical cases. - 4 - NC: 2025:KHC-D:2380 WP No. 107627 of 2024 3. The Coordinate Bench has held as follows: “The petition against petitioner No.37 is dismissed as 2. The Government of India passed an Order dated 25.11.2003 directing the State Governments to restrain institutions from granting any decree/diploma in various streams of alternative medicine, including Electropathy/Electro Homeopathy. Based on this order, the State Government issued an order withdrawing the certificate issued by the Directorate of Indian Systems of Medicine and Homeopathy, certifying that the petitioners successfully completed the course in Electro Homeopathy systems of medicine. 3. The petitioners, apprehensive that they were restrained from practicing Electro Homeopathy, approached this Court in WP.No.34454/2004 through the Karnataka State Electro Homeopathy Research and Development Association. This Court directed the petitioner therein to make an appropriate representation. 4. The Central Government, by Order dated 05.05.2010, clarified its stance regarding the recognition of courses. It was stated that no statutory body under the Ministry of Health recognizes courses in Electro Homeopathy as a system of medicine. Furthermore, as per the orders of the High Court and Supreme Court, there is no proposal to prohibit the petitioners from practicing Electro Homeopathy or imparting education, as long as it complies with the provisions of the Order dated - 5 - NC: 2025:KHC-D:2380 WP No. 107627 of 2024 25.11.2003 and any subsequent legislation recognizing new systems of medicine for practice or education. 5. The Supreme Court, while addressing similar issues concerning the practice of Electro Homeopathy, ruled that no institution can confer a Degree/Diploma in Electro Homeopathy. However, individuals are permitted to practice Electro Homeopathy as an alternative therapy, but no efforts should be made to confer a degree/diploma without statutory authorization. 6. Therefore, the apprehension of the petitioners that they are prohibited from practicing Electro Homeopathy is unfounded. 7. In light of the clarification issued by the Government of India and the Order passed by the Hon'ble Supreme Court in Criminal Appeal No.4642/2018 (vide Annexure - Q), the impugned notices issued at Annexure - Q Series by District Health Officers and Taluk Health Officers of the Family Welfare Department, Government of Karnataka, are hereby quashed. 8. It is needless to state that the petitioners are permitted to practice Electro Homeopathy in accordance with the law. 9. The challenge to the impugned provisions in the Karnataka Private Medical Establishment Act, 2007, is preserved for future consideration.” 4. In that light, the following: - 6 - NC: 2025:KHC-D:2380 WP No. 107627 of 2024 ORDER (i) The petition is allowed. (ii) Notice dated 19.02.2024 vide Annexure-B stands quashed. Sd/- (M.NAGAPRASANNA) JUDGE Naa List No.: 2 Sl No.: 5