Page No.# 1/5 GAHC010112132025 2025:GAU-AS:7689 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1563/2024 IKBAL HUSSAIN AND ANR S/O- RAFIQUL ISLAM R/O- JARAMARI P.O. BALISATRA DISTRICT- NAGAON ASSAM PIN- 782122 2: MUSHABID AHMED S/O- KERAMAT ALI R/O- BORPAKA P.O. TORABARI RUPAHIHAT DISTRICT- NAGAON ASSAM PIN- 782125 VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM HEALTH AND FAMILY WELFARE DEPARTMENT DISPUR GUWAHATI-06 2:THE DIRECTOR OF HEALTH SERVICES ASSAM GUWAHATI-36 3:THE ASSAM PHARMACY COUNCIL REPRESENTED BY ITS PRESIDENT PHARMACY BHAWAN DIRECTOR OF HEALTH SERVICE Page No.# 2/5 HENGRABARI GUWAHATI- 36 ASSAM 4:THE REGISTRAR ASSAM PHARMACY COUNCIL PHARMACY BHAWAN DIRECTOR OF HEALTH SERVICE HENGRABARI GUWAHATI- 36 ASSAM 5:THE PRESIDENT CUM RETURNING OFFICER ASSAM PHARMACY COUNCIL ELECTION 2024 PHARMACY BHAWAN DIRECTOR OF HEALTH SERVICE HENGRABARI GUWAHATI- 36 ASSAM 6:MUNINDRA CHANDRA DEKA PRESIDENT CUM RETURNING OFFICER ASSAM PHARMACY COUNCIL ELECTION 2024 PHARMACY BHAWAN DIRECTOR OF HEALTH SERVICE HENGRABARI GUWAHATI- 36 ASSAM ------------ Advocate for : MR. P MAHANTA Advocate for : SC HEALTH appearing for THE STATE OF ASSAM AND 5 ORS BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 10.06.2025 1. Heard Mr. P. Mahanta, learned counsel for the petitioners. Also heard Mr. B. Gogoi, learned Standing Counsel for the Health Department. 2. The petitioners are the registered pharmacist of Assam Pharmacy Council. It is Page No.# 3/5 the case of the petitioners that in pursuance of Election notification dated 01.01.2024 issued by the respondent No. 5 for holding Assam Pharmacy Council Election, 2024, the petitioners along with other candidates filed their nomination and contested the election. According to the petitioner, after completion of the election, the respondent No. 5 most illegally, violating all the provisions of Rule 8 & 9 of the Assam Pharmacy Council Election Rules, 1959 (hereinafter referred to as Rules,1959) declared the result of 6 elected candidates vide notification No. APC/Election/87/Pt.II/2023/1912 dated 24.02.2024. 3. The petitioners and some other candidates filed representation demanding recounting of the ballot papers. One of such representation was filed on 26.02.2024. 4. According to the petitioners, without considering such representation, the ballot papers were destroyed in violation of Rule 9(1)(a) and (b) of the Rules, 1959. The petitioners also filed FIR before police. 5. In the aforesaid backdrop, the present writ petition is filed assailing the Notification No APC/Election/87/Pt.II/2023/1872 dated 01.01.2024 notifying the election, the Notification No. APC/Election/87/Pt.II/2023/1912 dated 24.02.2024, declaring result and with a further prayer to set aside the election of the 6 (six) elected candidates and to held a fresh election in respect of six posts for constitution of Assam Pharmacy Council under Section 19(a) of the Pharmacy Act, 1948 (hereinafter referred to as Act, 1948). 6. While issuing notice of motion, a question of maintainability as raised by Mr. B. Gogoi, learned Additional Advocate General, Assam, representing the respondent/Health Department was kept open. Mr. Gogoi, learned counsel submits that in terms of Rule 25 of the Rules,1959, the petitioners are having an efficacious alternative remedy. Page No.# 4/5 7. This Court has given anxious consideration to the submissions advanced by the learned counsel for the parties. 8. Under Rule 25 of the Rules, 1959, the government is empowered, on its own motion or on objection made within three months from the date of election, declare any election to the Council to be void on account of corrupt practices or for other sufficient cause, and may call on the electorate affected to make a fresh election within a specified date and any decision of the State Government under this Rule shall be final. 9. At the same time, Section 24 of the Act, 1948 also mandates that in case of any dispute as regards conduct of election under Chapter-III is to be referred to the State Government, whose decision shall be final. 10. From the aforesaid, it is clear that the prayer made in this writ petition i.e. cancellation of the election and holding of fresh election can vary well be effectively dealt under Rule 25 of the Rules, 1959 read with Section 24 of the Act, 1948. 11. At this stage, Mr. Mahanta, learned counsel for the petitioners submits that the representation of the petitioners dated 26.02.2024 filed before the respondent No. 5, be referred to the State to treat it as an application for cancelation and re- holding of election and matter may be decided within a specific time period to which, Mr. Gogoi, learned Additional Advocate General, Assam, has no objection. 12. Accordingly, this writ petition stands disposed of relegating the petitioners to the authorities under Rule 25 of the Rules, 1959 read with Section 24 of the Act, 1948. The petitioners shall submit a certified copy of this order passed today along with the representation dated 26.02.2024 before the Commissioner & Secretary to the Government of Assam, Health and Family Welfare Department, who is stated to be the Authority under the aforesaid Rule to adjudicate such Page No.# 5/5 disputes and on receipt of such application, the Commissioner & Secretary to the Government of Assam, Health and Family Welfare Department, may treat the aforesaid application as an application under Rule 25 of the Rules, 1959 and proceed in accordance with law and matter may be disposed of within a period of three months from the date of receipt of the certified copy of this order along with the representation dated 26.02.2024 to be furnished by the petitioners. 13. 13. It is needless to say that during the pendency of the adjudication before the Commissioner & Secretary to the Government of Assam, Health and Family Welfare Department by virtue of this order passed today shall not debar the authorities to proceed in accordance with the Act, 1948 and Rules framed thereunder for constitution of the already elected body. However, validity of such body shall be subject to the decision that may be taken by the Commissioner & Secretary to the Government of Assam, Health and Family Welfare Department in terms of Rule 25 of the Rules, 1959 read with Section 24 of the Act, 1948. 14. With the determination made hereinabove, this writ petition stands disposed of. JUDGE Comparing Assistant