THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.32253 of 2025

ORDER:

The Petitioner, claiming to be a senior journalist, has filed the present Writ Petition seeking to declare the Election Notification dated 06.10.2025 issued by respondent No.3– Press Club Hyderabad, as illegal and arbitrary, and for a consequential direction to consider and decide his pending membership applications of 2012 and 22.01.2020 before conducting any elections.

2. Sri I. Abhijit, learned counsel for the petitioner and learned Government Pleader for Cooperation, for the respondents.

3. Learned counsel for the petitioner submits that the petitioner, despite having submitted membership applications in 2012 and again in 2020 along with all requisite documents and fees, respondent No.3 has not considered the same. He submits that proceeding with the election process by issuing the aforesaid Election Notification without deciding the petitioner’s membership claims violates the bye-laws of respondent No.3-Club and Articles 14 and 19(1)(c) of the Constitution of India. Therefore, the petitioner seeks to suspend the Executive Committee Election Notification dated 06.10.2025 and restrain the conduct of elections until his applications are disposed of.

4. Learned Government Pleader for Cooperation submits that the aforesaid Election Notification was issued in accordance with law and that the election process is being conducted in accordance with law. He further submits that the election process, having already commenced pursuant to the aforesaid Election Notification dated 06.10.2025, cannot be interfered with by this Court under Article 226 of the Constitution. He relied on the settled principle that once the election process has begun, the remedy lies before the Election Tribunal after completion of the election, and not through a Writ Petition.

5. Having considered the submissions made and the material placed on record, it is evident that the election process for the Executive Committee of respondent No.3-Club has already commenced pursuant to the aforesaid Election Notification dated 06.10.2025. The law is well settled through the judgments of this Court in Prathipati Bhagyamma v. Election Officer, Muppalla Primary Agricultural Co- operative Society, Guntur District, MANU/AP/0715/2005 : 2005 (6) ALC 850 and Poloji Veeraiah v. Returning Officer, Khammam District2 that once the election process commences, any challenge relating to conduct or validity of the election cannot be entertained under Article 226 of the Constitution. It has been consistently held by the Hon’ble Supreme Court and this Court that Article 329(b) bars interference by writ courts once elections have been notified, and any grievance arising out of the election process has to be decided by the Election Tribunal constituted for that purpose. Therefore, the allegations made by the petitioner cannot be examined in the present writ proceedings. The petitioner has the remedy of approaching the Election Tribunal under the relevant provisions of law after completion of the election process.

6. In view of the settled legal position laid down by the Hon’ble Supreme Court and this Court, this Court holds that

2 MANU/AP/0089/2009 : 2009 (3) ALD 822 (DB)

the present Writ Petition is not maintainable under Article 226 of the Constitution of India once the election process has commenced.

7. Accordingly, the Writ Petition is dismissed. However, the petitioner is at liberty to pursue his grievances in the election petition before the Election Tribunal or other forum as may be prescribed by law. No costs.

Pending miscellaneous applications, if any, shall stand closed.

____________________________ NAGESH BHEEMAPAKA, J Dated 25.10.2025

Myk/rsp