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Kerala HC orders advocate commissioner to finish electing members for trade bodies in 3 months
Suja Nair Shirodkar, Mumbai | Wednesday, July 25, 2012, 08:00 Hrs  [IST]

The Kerala High Court today issued an order directing the advocate commissioner to initiate and complete the process of electing the representatives to fill up various posts in the chemists and druggists association in the state from the taluka to district level within three months time. The order also directs the advocate commissioner to finalise the election calender within 30 days and complete the election from sub unit to state office bearers of All Kerala Chemists and Druggists Association (AKCDA) within 90 days, effective from today

This order was issued by the HC following a petition filed by C P Kunhi Moidoo, a member of the state association, AKCDA after highlighting the issues faced by the stakeholders in the state in the light of the delay in the process of elections.

The on going issue in the state is over the confusion over the management and control of trade activities in the state. AKCDA, an independent trade body pointed out that All India Organization Of Chemists & Druggists (AIOCD), the single largest body of the drug traders in India to which AKCDA is affiliated is trying to take total control of the trade issues and activities in the state.

In September 2011, following many incidences of internal rifts between chemists and druggiest associations in the state namely AKCDA and AIOCD, the sub court of Ernakulam had issued an order stating that hence forth all the activities of the associations will be undertaken only by a duly elected body. With a view to ensure free and fair trade and to ensure that no individuals suffer due to the internal politics within drug distribution system, the court also appointed an advocate commissioner to handle the duties and responsibilities of the election.

The order also prohibited all the associations in the state from representing or having any meeting in the state till the elections were over. However, due to the delay in the process there had been a stalemate in the state as the associations were not able to duly represent their issues faced within the state.

A N Mohan, president, of AKCDA contended that AKCDA fully support the Court's order to conduct elections for the smooth and proper functioning of drug distribution system in the state. However, he did point out that the delay in the process is creating a lot of confusion and unwarranted interference, especially from AIOCD.

“This order comes as a huge relief to all our members, since this will hasten the process of election that had been delayed from last nine to 10 months. We have full faith in the judiciary and believe that proper justice will be done in this case as we strongly contend that the law of the land should be respected,” Mohan stressed.

Both the national association, AIOCD, and the state based AKCDA have been embroiled in controversy due to an ongoing tiff for the control of drug distribution system in the state. AKCDA claim that AIOCD have been involved in activities that are not acceptable according to the law of the land and is constantly trying to monopolise the market by creating a rift within the sect of the association by supporting only a group of wholesalers.

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