New Delhi: The Union ministry of health and family welfare has removed Dr Montu Kumar Patel, who has been facing investigation by the Central Bureau of Investigation for alleged bribery, from the position of president of Pharmacy Council of India (PCI).
The Ministry has directed the Central Council of PCI to hold fresh election for the position within three months from now and announced that during the interim period, the current vice president Jasubhai Hirabhai Chaudhari may serve as the president of the Council.
This is following the move from the government of the Union Territory (UT) of Dadra and Nagar Haveli and Daman and Diu (DNH & DD) withholding the nomination to appoint Dr Patel its nominee member in the Gujarat State Pharmacy Council and in the PCI with immediate effect.
The Government of Gujarat through a notification on September 11, also removed Dr Patel from membership of the GSPC.
In an order on September 22, the ministry of health pointed out that based on the provisions under the Pharmacy Act, 1948, with Dr Patel neither being a nominated member, nor a member of the GSPC, “ceases to be the member of Central Council of PCI thereby also ending his presidentship of PCI.”
With this, the office of the president becomes vacant and a new president must by elected by and from among the current members of the PCI, it added. Further, action for holding fresh election of president by Central Council within three months of receipt of this order may be initiated, it added.
Section 5(1) of the Pharmacy Act, 1948 states that the president and vice-president of the Central Council shall be elected by the members of the said council from amongst themselves. This means that only a current member of the PCI can be elected as president, and if a person ceases to be a member of the PCI, they automatically become ineligible to continue as president.
Besides, if the existing president is disqualified under Section 7 of the Act, such as ceasing to be a member, being absent from meetings without excuse, or any other case expressly mentioned, that would automatically lead to cessation of office.
Dr Patel was a member of the GSPC and was nominated as a member of the PCI from October 16, 2019. Since Gujarat and the UT of DNH and DD had a joint council with common register for the joint territory, the Government of UT nominated him as a member of the PCI to represent the UT. He took charge as the president of PCI in April, 2022.
In July, the CBI has conducted raid at the premises of Dr Patel’s house in Gujarat and offices in Delhi, for charges including alleged criminal misconduct, exchange of bribe, and approval of colleges despite non-compliances.
According to reports during the time, a First Information Report (FIR) was filed following a Preliminary Enquiry (PE) based on a complaint from an under secretary in the health ministry, and the CBI charged persons including Patel, Vinod Kumar Tiwari, who controls Ayodhya-based Rameshwar Prasad Satya Narayan Mahavidyalaya, Santosh Kumar Jha, a person from Uttar Pradesh, and unknown public servants and private persons for alleged violation of various provisions including the Prevention of Corruption Act.
