The main legal point established in the judgment is that conducting elections for the 6 executive members before electing the President and Vice-President is essential to uphold democratic principles and fairness in the election process.

ORDER

G. Ramakrishna Prasad, J. - Heard Sri P. Nagendra Reddy, Learned Counsel for the Writ Petitioner; Sri Mekala Venkateswara Rao, learned Standing Counsel for Respondent Nos.1 and 2; Sri S. Appadhara Reddy, Learned Government Pleader for Medical and Health appearing for the Respondent No.3 and Sri O. Manohar Reddy, Learned Senior Counsel, assisted by Sri S. Ramalakshmana Reddy, learned Counsel for the Respondent No.4 (Impleaded as per the Orders in I.A.No.3 of 2023 dated 17.08.2023).

2. The prayer sought in the present Writ Petition is as under:

'...issue a writ order or direction more particularly one in the nature of writ of Mandamus to declare the action of the respondents in holding special meeting scheduled to be held on 04.08.2023 for election of the President and Vice President to the A.P. Pharmacy Council even before electing 6 members among the Registered Pharmacists as arbitrary illegal and consequently direct the respondents to defer the election of President and Vice President to the A. P. Pharmacy Council in pursuant to the Special Meeting Notice in Rc.No.1522/Elections/ APPC/2023 dt. 20.07.2023 issued by the 1st respondent till the 6 members are elected among the Registered Pharmacists by way of conducting elections through the Returning Officer in the interest of justice.'

3. By Order dated 02.08.2023, this Court, while directing for filing Counter Affidavit, had passed an Interim Order staying the Impugned Proceedings bearing Ref. Rc.No.1522/Elections/ APPC/2023 (Ex.P.1). This apart, the I.A.No.3 of 2023 which is filed by the Impleadment Applicant as Respondent No.4, is allowed.

Submissions of the Ld. Counsel for the Writ Petitioners:

4. Sri P. Nagendra Reddy, Learned Counsel for the Writ Petitioner submits that the Writ Petitioner has become Registered Pharmacist on 28.12.2021 vide Registration No.148783/A1. He would submit that the Andhra Pradesh Pharmacy Council (in short 'the Council') has 15 members [Section 19 of the Pharmacy Act, 1948 (in short 'the Act')]; that out of 15 members of the Council, 6 would be the elected members from the registered Pharmacists (Section 19(a) of the Act), five would be the nominated members by the Government of Andhra Pradesh/Respondent No.3 (Section 19(b) of the Act) and four members are from the Ex-officio capacity from the Council of Medical Registration, Chief Administrative Medical Officer, Office In-charge of Drug Controller and Government Analyst under Drugs and Cosmetics Act (Section 19(c) of the Act). He would submit that the last election was conducted for six members out of 15 members of the Council on 18.10.2010; that on 10.01.2011, vide G.O.Ms.No.8, Health, Medical & Family Welfare (L.2) Department (Ex.P.5), Respondent No.1 has declared the election of six members; that on 31.01.2011, the Principal Secretary/Respondent No.3 had then stayed the process of election for the posts of President and Vice-President for Pharmacy Council; that on 12.08.2015 five members were nominated vide G.O.Ms.No.75 under Section 19(b) of the Act; that since the term of the six elected members of the Council expired by the year 2015, some of the members of the Council have made a request for conduct of elections (Section 19(a) of the Act) vide Representations dated 07.06.2018 and 31.08.2018; that the elections could not be conducted for various reasons, more particularly, on account of bifurcation of not only the erstwhile State of Andhra Pradesh but also the Andhra Pradesh Pharmacy Council (APPC); that on 11.08.2020, the term/tenure of the five members who were nominated on 12.08.2015 (under Section 19(b) of the Act) got completed on 11.08.2020; that on 06.11.2020, Respondent No.2 namely the In-charge of the Council had addressed a letter to the Government of Andhra Pradesh (Respondent No.3) indicating the need for holding elections for six members under Section 19(a) of the Act (Ex.P.2); that Respondent No.2 had also requested the Respondent No.3 to nominate five members, since the ten