THE HON’ BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.28574 of 2024

ORDER

The petitioner is a qualified Medical Practitioner and a Life Member of 3^rd respondent-Indian Medical Association, Telangana State. He is currently the Vice President of the 3^rd respondent-Association (Zone-3) for the year 2023-24 and his term would be ending on 31.10.2024. While so, in response to the Election Notification dated 26.09.2024 issued by respondent Nos.4 to 6, the petitioner filed his Nomination for the position of State President Elect for the year 2025-26 from Zone-3. The respondents 4 to 6 did not approve the Nomination and passed the impugned order dated 14.10.2024 stating that the petitioner did not fulfill the eligibility criteria as on Scrutiny Date. The petitioner challenges the same under Article 226 of Constitution of India. 2. Mr. M.S. Prasad, learned Senior Counsel appearing on behalf of Ms. A. Satyasri, learned counsel on record for the petitioner, while making submissions on the lines of writ affidavit, would contend that the Election Notification was not signed by respondents 4 to 6 and that Clause (b) and (c) of the Eligibility Criteria specified in the Election Notification dated 26.09.2024 is at variance from the Eligibility Criteria mandated under Part VIII of the Memorandum of Association of 3^rd respondent-Association and therefore the Election Notification is contrary to, and violation of, the Association’s By-laws. It is also contended that respondents 4 to 6 have no such authority of not approving the petitioner’s nomination on such vague ground, and that the By-Law ‘E’ of Part VIII categorically states that the Election Commission shall intimate the candidates about Accepted and Valid Nominations, by post/courier and email and further the Final List of valid Nominations shall be communicated to the contestants on or before 30.09.2024. It is contended that the impugned order was not communicated in accordance with By-Laws and the Final List of valid Nominations was published on 11.10.2024, i.e., 3 days prior to the date of impugned order and that the name of 7^th respondent alone was shown as the only single valid Nomination for the State President Elect for the year 2025-26 for the obvious reason that the 7^th respondent and respondents 4 and 5 are classmates/friends. It is further contended that the very constitution of Election Commission on 08.09.2024 is itself a factually incorrect statement as no such proceedings have been placed in the public domain till date. It is also contended that the petitioner is outgoing Vice President and Member of the State Working Committee and the Working Committee did not appoint the Election Commission as claimed by respondents 4 to 6. It is further contended that some Senior Members of the 3^rd respondent-Association, who were past Presidents, filed OOP No.26 of 2024 before the II Additional Chief Judge, City Civil Court, Hyderabad, challenging the Office Order dated 05.03.2024 whereunder the IMA Telangana State Constitution Committee, IMA Telangana State Election Committee, and IMA Telangana State Blood Bank Committee, and the learned Additional Chief Judge suspended the Office Order dated 05.03.2024 and that on 08.09.2024 in the 22^nd State Working Committee Meeting, the present Election Commission consisting of respondents 4 to 6 was not constituted by the State Working Committee nor was there any authorization to the President to appoint the present Election Commission consisting of respondents 4 to 6. It is also contended that respondents 4 to 6, on their own accord, issued the present Election Notification and that the Chairman of Election Commission is Dr. P. Vijay Chander Reddy and member, P.R. Sai Kumar, claim to be appointed as Chairman of Election Commission and Member of Election Commission. It is also contended that the petitioner being a Senior Member of the 3^rd respondent-Association did not initially challenge the same, however respondent Nos.4 and 6 are conducti