Court mandates preservation of e-Voting records, highlights statutory remedy under Andhra Pradesh Medical Council election rules
In a significant ruling, the Andhra Pradesh High Court has directed petitioners contesting the Andhra Pradesh Medical Council elections to pursue statutory appeal remedies as provided under the Andhra Pradesh Medical Council (Conduct of Election) Rules, 1978. The court, presided over by Justice Venkateswarlu Nimmagadda, declined to entertain the writ petition challenging alleged irregularities in the e-Voting process, emphasizing that once an election is completed and declared, any grievances must be addressed through statutory appeals rather than writ petitions.
The petitioners, led by Polavarapu Phanidhar, raised concerns regarding the dispensing of a crucial third OTP in the online voting process, which they argued could allow multiple votes and compromise the integrity of the election. They contended that this procedural change violated the APMC e-Voting manual for Voter-2026 and facilitated unfair practices. Despite these arguments, the court underscored the necessity of following established legal procedures for contesting election outcomes.
Justice Nimmagadda reiterated that under Rule 19 of the Andhra Pradesh Medical Council (Conduct of Election) Rules, 1978, the proper avenue for challenging election irregularities lies in appealing to the government, which can adjudicate such matters. The court pointed out that the extraordinary jurisdiction of the High Court does not extend to electoral grievances once elections are completed and results declared.
In a move to safeguard election integrity, the court ordered the preservation of all electronic records and digital artefacts related to the APMC e-Voting 2026 for six months or until further orders are issued. This directive ensures that evidence is maintained for any subsequent appeals or investigations. The court also granted petitioners the liberty to make submissions before the Appellate Authority to address any exigencies.
The ruling marks a pivotal moment in the ongoing discourse surrounding electoral transparency and the procedural mechanisms available for contesting elections in India. By directing petitioners to avail themselves of statutory remedies, the court reinforced the importance of adhering to established legal frameworks in election disputes.
The petitioners now face the task of initiating the statutory appeal process to address their grievances. As the legal battle unfolds, the focus remains on ensuring that democratic processes are conducted with utmost transparency and integrity.
Bottom Line:
Election process challenged due to alleged irregularities in e-Voting procedure for Andhra Pradesh Medical Council elections; Court directs petitioners to avail statutory alternative remedy under Rule 19 of Andhra Pradesh Medical Council (Conduct of Election) Rules, 1978.
Statutory provision(s): Rule 19 of Andhra Pradesh Medical Council (Conduct of Election) Rules, 1978, Rule 17 of Andhra Pradesh Medical Council (Conduct of Election) Rules, 1978
Polavarapu Phanidhar v. Union of India, (Andhra Pradesh) : Law Finder Doc id # 2870566
