Delhi Medical Council elections: HC notice on conflict of interest plea

The Delhi High Court has sought responses from the Delhi government and others on a plea alleging conflict of interest in the Delhi Medical Council elections. The petition claims that members of the Election Commission are also contesting the polls.

The Delhi High Court has issued notice on a writ petition alleging irregularities and conflict of interest in the conduct of the ongoing Delhi Medical Council (DMC) elections. Justice Amit Bansal directed the respondents to file their status reports and counter-affidavits within six weeks and listed the matter for hearing on September 29.

The petition has been filed by Dr Abhishek Garg against the Government of NCT of Delhi, the Delhi Medical Council, the Delhi Medical Association (DMA) and others under Article 226 of the Constitution.

According to the plea, the controversy pertains to the DMA-DMC election held on May 17 and the Delhi Medical Council election scheduled for May 31. The petitioner, who is also a candidate in the elections, has alleged that members of the Election Commission were themselves contesting the elections they were supervising.

The Court issued notice after hearing submissions that members of the Election Commission constituted by the Delhi Medical Association were allegedly contesting for seats in the Delhi Medical Council.

Core Allegations of Conflict of Interest

Appearing for the petitioner, advocates Ritu Bhardwaj and Rajat Gaur submitted that under Section 3(3)(c) of the Delhi Medical Council Act, 1997, one member of the Delhi Medical Council is to be elected by the Delhi Medical Association. The petitioner alleged that the Election Commission constituted by the DMA comprised persons who were themselves contesting for eight seats in the Delhi Medical Council election, thereby allegedly giving rise to a "clear conflict of interest".

Senior Advocate Arvind Nayar appeared for respondents 2 and 4, while Advocate Abhinav Singh appeared for the GNCTD. Advocates Piyush Gupta and Atishay Jain represented respondent no. 3.

A central allegation in the petition concerns Dr Ajay Lekhi, who was allegedly appointed Chairman of the Election Commission for the DMA-DMC Election 2026 while also contesting the Delhi Medical Council election. The plea alleges that this amounted to a violation of Article 43 of the DMA Bye-Laws, which allegedly bars contesting candidates from being part of the Election Commission.

The petition further alleges that Dr Hans Raj Satija, who was allegedly appointed as a member of the Election Commission, had also filed nomination papers for the DMC election before later withdrawing his candidature. According to the plea, three out of four members of the Election Commission were allegedly contesting candidates for the same statutory body whose election they were conducting, thereby allegedly compromising the neutrality and independence of the electoral process.

Concerns Over Dissolved Council and Inquiry

The petition also raises concerns regarding transparency in relation to the dissolved Delhi Medical Council. It states that the Delhi Medical Council was dissolved in June 2025 by the Lieutenant Governor of Delhi on allegations including moral turpitude and irregularities relating to the extension of the retirement age of the Registrar without government approval.

The plea further refers to a five-member government inquiry committee constituted in July 2025, which allegedly investigated several officials and members associated with the dissolved council. However, the petitioner has alleged that the inquiry report has not yet been made public.

Additional Grievances and Court's Direction

During the hearing, counsel for the petitioner also raised a grievance regarding Dr Girish Tyagi, who was elected pursuant to the May 17 election and was stated to be a former Registrar of the dissolved Delhi Medical Council against whom "serious charges" had allegedly been made. Taking note of the submission, the High Court granted liberty to the petitioner to amend the writ petition to include the additional grievance.

The petition seeks directions to allegedly disqualify Election Commission members who are simultaneously contesting candidates and for the constitution of a fresh, independent Election Commission comprising non-candidates to allegedly ensure fair and transparent conduct of the elections. (ANI)

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