SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(AP) 7834

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Venkateswarlu Nimmagadda, J
KATTAMREDDY ANANTH RUPESH – Appellant
Versus
THE STATE OF ANDHRA PRADESH – Respondent
Writ Petition No: 3233/2026



Advocates:
For the Appellants/Petitioners: Kattam Reddy Divya Chaitanya
For the Respondents: GP for Medical Health FW

Once an election notification is issued, courts generally refrain from interfering with the process via judicial review unless there is evidence of bias or malice, prioritizing the continuity of the democratic process over minor procedural defects.

Headnote:The petitioner challenged the conduct of the Andhra Pradesh Medical Council Elections, 2026, via online mode as proposed in G.O. MS. No. 3 dated 08.01.2026 and the subsequent election schedule. It was contended that the Andhra Pradesh Medical Council (Conduct of Elections) Rules, 1978, only provide for ballot and postal voting, and that the online mode violates the Andhra Pradesh Medical Practitioners Registration Act, 1968, and the Digital Personal Data Protection Act, 2023. The court found that the respondents adopted the online mode through instructions to comply with a previous mandatory court direction to conduct elections within a strict timeframe. The primary issue was whether the court should interfere with the election process after the notification had been issued, despite the lack of specific statutory rules for online voting. The court reasoned that once the election process has begun and notifications are issued, judicial review is generally not exercised unless there is evidence of bias, malice, or prejudice. The court held that instructions issued by the election authority to ensure transparent participation are valid in the absence of specific rules, especially when necessary to implement a court order. Hence, the Writ Petition is dismissed, without costs.

Table of Content
1. challenge to the validity of online voting in the absence of specific statutory rules. (Para 1 , 3 , 4)
2. use of administrative instructions to facilitate elections to comply with court-mandated deadlines. (Para 6 , 7 , 8 , 10)
3. restriction of judicial review once election notifications are issued unless bias or malice is proven. (Para 9 , 11 , 12)

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents more particularly Respondent No. 1 in proposing to conduct the Andhra Pradesh Medical Council Elections, 2026 vide G.O MS. No. 3 dated 08.01.2026 through online and subsequent issuance of the Election Schedule in the Andhra Pradesh Gazette vide Gazette No. APMC.ELEC/RO/1/2026 dated 19.01.2026 scheduling the said elections to be conducted on Online Mode without statutory framework, without prescribed safeguards and rules, and in violation of the Andhra Pradesh ,Medical Practitioners Registration Act, 1968, the Andhra Pradesh Medical Council (Conduct of Elections) Rules, 1978, the Digital Personal Data Protection Act, 2023, and constitutional principles governing free, fair, transparent and verifiable elections, personal data protection and Consequently set aside the G.O MS. No. 3 dated 08.01 .2026 issued by the Respondent No.1 and subsequent issuance of the Election Schedule in the Andhra Pradesh Gazette vide Gazette No. APMC.ELEC/RO/1/2026 dated 19.01 .2026 and further Consequently direct the Respondents more particularly Respondent No.1 herein to issue statutory guidelines and rules under Section 31 of the Andhra Pradesh Medical Practitioners Registration Act, 1968 prescribing the procedure and safeguards for conduct of the elections of Andhra Pradesh Medical Council, 2026 in online mode and pass

IA NO: 1 OF 2026

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to suspend the operation of the operation of G.O.Ms.No.3 dated 08.01.2026 and all consequential proceedings, notifications, press notes and election schedules issued pursuant thereto, including the election schedule published by the Respondent No.3 proposing to conduct the Andhra Pradesh Medical Council Elections, 2026 in online mode on 09.02.2026 and pass

IA NO: 2 OF 2026

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to stay all further proceedings including the conduct of the Elections online on 09.02.2026 of the Respondent No. 2 herein and pass

The Court made the following:

ORDER:

1. This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:-

“to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents more particularly Respondent No.1 in proposing to conduct the Andhra Pradesh Medical Council Elections, 2026 vide G.O.MS.No.3 dated 08.01.2026 through online and subsequent issuance of the Election Schedule in the Andhra Pradesh Gazette vide Gazette No. APMC.ELEC/RO/1/2026 dated 19.01.2026 scheduling the said elections to be conducted on “Online Mode” without statutory framework, without prescribed safeguards and rules, and in violation of the Andhra Pradesh Medical Practitioners Registration Act, 1968, the Andhra Pradesh Medical Council (Conduct of Elections) Rules, 1978, the Digital Personal Data Protection Act, 2023, and constitutional principles governing free, fair, transparent and verifiable elections, personal data protection and consequently set aside the G.O.MS.No.3 dated 08.01..2026 issued by the Respondent No.1 and subsequent issuance of the El

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top