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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SUREPALLI NANDA, J.
Bodige Sridhar and Another – Petitioners
Versus
The State of Telangana and Others – Respondents
W.P. No. 42721 of 2022
Decided On : 24-03-2023
Pharmacy Act, 1948 - Section 19 and 24 - Telangana State Pharmacy Council Rules, 1955 - Section 16 - President and Vice-President - Election - Challenged - Petitioners are not being the members of Telangana State Pharmacy Council, have no locus-standi to file the present Writ Petition questioning election of President and Vice-President - Petitioners have no right in challenging the Memo, as decision of Returning Officer or Chairman shall be final, as has been contemplated under Section 24 of The Pharmacy Act, 1948 - Aggrieved by result of election, dispute has to be risen within 7 (Seven) days from date of publication of results as mandated under Section 16 of Telangana State Pharmacy Council Rules, 1955 - Petitioner in spite of rising the dispute with Returning Officer within 7 days had filed this Writ Petition after lapse of 3 (Three) Months - Due to equality of votes among the contestants, the members have decided to go for toss of a coin and the Chairman, as per collective decision of all members had finalized the election of the president and the same is not contrary.
Findings of the Court:
Learned Counsel appearing on behalf of Respondent No. 3, clearly in the counter affidavit filed admits that election of the President and Vice-President was conducted as per instructions of the Government through a Memo to overcome threat of administrative paralysis in case of an absence of President to Telangana State Pharmacy Council., and further contends that Writ Petition is not maintainable and Petitioner has to raise dispute in election process within statutory period of 7 days from date of publication of results - Court opines that said plea is not tenable in view of simple fact that the doctrine of necessity cannot be applied contrary to Rules 1955, in clear violation of Section 19(a) of Pharmacy Act, 1948 and further contrary to procedure prescribed under Rule 17 of Rules 1955 and also contrary to Section 47(1) of Rules, 1955 - Present writ petition is maintainable because Memo of the 1st respondent and consequential election held to posts of President and Vice-President is without jurisdiction - In view of fact that admittedly as the full 15 members of council were not available the entire meeting conducted of or electing President and Vice-President is contrary to the Rules, 1955 and therefore this Court opines that said election of 4th and 5th Respondents as President an Vice-President respectively needs to be set aside.
Result: Writ Petition is allowed.
ORDER :
1. Heard Sri A. Ravindranath Reddy, learned senior counsel for the Petitioners and learned Government Pleader for Medical and Health appearing for respondent No. 1 and Sri M.V.R. Suresh, learned counsel appearing for respondents 2 to 5.
2. The main prayer sought for by the Petitioners is as follows:
3. The case of the petitioners, in brief, is as follows:
(b) Vide G.O.Rt. No. 753, dated 21.11.2015, Director, Drugs Control Administration, Telangana State, Hyderabad was places as FAC of the post of Registrar of Telangana State Pharmacy Council and vide G.O.Ms. No. 13, dated 13.03.2016, 3 (Three) persons were nominated to Telangana State Pharmacy Registration Tribunal.
(c) Section 19 of Pharmacy Act, 1948, provides for constitution and composition of State Councils and as inferred from Section 19 of Pharmacy Act, 1948 Telangana State Pharmacy Council (TSPC) shall be a Body Corporate with 15 members.
(d) The 1st respondent vide G.O.Ms. No. 1, Health, Medical and Family Welfare (C2) Department, dated 07.01.2019 had nominated 5 (Five) members to Telangana State Pharmacy Council (TSPC) by exercising the powers under Clause (b) of Section 19 of Pharmacy Act, 1948 for a period of 5 years.
(e) Except for the 6 (Six) members, who were to be elected by the registered pharmacists as mandated under Section 19 (a) of the Pharmacy Act, 1948, all the members had been registered in Telangana State Pharmacy Council (TSPC).
(f) Without completing the composition of the State Council, the Registrar (3rd respondent herein) had forwarded the proposal dated 23.06.2022 to conduct elections to the posts of President and Vice-President under Section 23 of The Pharmacy Act, 1948 by duly following Rule 17 of Telangana Pharmacy Council Rules 1955 with only 9 (Nine) council members and the said proposal had been accepted by the 1st respondent vide Memo No. 6129/C2/2022, dated 15.07.2022 and the same is without jurisdiction, illegal and contrary to the scheme of the Pharmacy Act, 1948 and Rules.
(g) The said appointment of President and Vice-President is not only in violation of the Pharmacy Act, 1948, and the said memo issued vide Memo No. 6129/C2/2022 is not issued as per procedure prescribed under Rule 17 of Telangana Pharmacy Council Rules, 1955.
(h) A council meeting was convened by the 2nd respondent on 29.07.2020 for conducting elections to the posts of President and Vice-President of the council. One Mr. R. Srinivas and Mr. A. Sanjay Reddy were nominated for the post of President. Subsequently after casting the votes by the council members, the nominated persons secured 4 votes each and all the council members in the meeting had decided to elect the president by way of toss of coin and accordingly, Mr. A. Sanjay Reddy had been elected as the President of Telangana State Pharmacy Council (TSPC).
(i) As per Rule 17 of Telangana Pharmacy Council Rules, 1955, when votes were cast equally, the council ought to have gone for another ballot and thereafter, for drawl of lots instead the President was elected by toss of c
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