Court bench refuses to take up Ketan Desai PIL
By IANSWednesday, December 1, 2010
GANDHINAGAR - A division bench of the Gujarat High Court Wednesday refused to hear a public interest litigation seeking to cancel the candidature of Ketan Desai, former chief of the Medical Council of India (MCI), in the senate elections of Gujarat University (GU).
The bench comprising Justices Jayant Patel and S.R. Brahmbhatt said: “Let the matter be taken up by the court which usually takes up PILs.”
The first bench of the court normally hears public interest litigations. However, the charge of the first court has been given to the said division bench in absence of the Chief Justice as he is unavailable till Dec 10.
Raghuvir Gadhiya, former senate member of the GU, has filed a petition through his lawyer Hitesh Dave before the court seeking to cancel candidature of Desai looking at his recent tainted history.
Desai was arrested by the Central Bureau of Investigation (CBI) on allegations of corruption. Desai allegedly sought a bribe for approval to start a medical college at Patiala in Punjab. He is also facing charges of possessing assets disproportionate to his known sources of income. He has recently been elected uncontested to the senate of the Gujarat University.
According to the petition, Gadhiya sought cancellation of Desai’s candidature in accordance with section 46 of the Gujarat University’s act. The section provides that a senate member can be suspended for scandalous behaviour.
The petition also narrated the controversial background of Desai. It claimed that the vice chancellor did not initiate any action despite it being in his knowledge that Desai was arrested April 22 by the CBI. The matter is slated to come up Dec 13.