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G. RAMAKRISHNA PRASAD
Kolli Sai Priya – Appellant
Versus
Andhra Pradesh Pharmacy Council – Respondent
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 Regi
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....
When a statute describes or requires a thing to be done in a particular manner, it should be done in that manner or not at all.
Non-compliance with election notice requirements is not always fatal; absence of demonstrated prejudice can render such provisions directory rather than mandatory.
The Government may appoint a temporary President of a regulatory body when both the President and Vice President offices are vacant, invoking the doctrine of necessity to ensure governance continuity....
Power of Government of India to discharge functions of President of council - Government is right in functioning of council would be impaired in absence of President/Vice President - Nothing wrong in....
The President and Vice President of the State Council can hold office for a term not exceeding five years and not extending beyond the expiry of his term as a member of the State Council. The court a....
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