K Venkateswarlu vs The Chairman
2024 Latest Caselaw 9716 AP

Andhra Pradesh High Court - Amravati

K Venkateswarlu vs The Chairman on 28 October, 2024

APHC010352012024                                                  Bench Sr.No:-3
                   IN THE HIGH COURT OF ANDHRA PRADESH
                                                                      [3483]
                                AT AMARAVATI

                         WRIT APPEAL NO: 714 of 2024

Dr. K. Venkateswarlu                                                ...Appellant

      Vs.

The Chairman, Election Commission, Indian Medical
Association, Vijayawada.
                                                                ...Respondent

                                   **********

Advocate for appellant : Sri V. Eswaraiah Chowdary

Advocate for respondent : Sri Meka Rahul Chowdary

CORAM : THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI

DATE : 28th October 2024

PC:

The present Writ Appeal has been preferred against the judgment and

order dated 31.07.2024 passed in Writ Petition No.15716 of 2024, which was

dismissed along with costs on the ground that the petitioner had not

incorporated the State as a party respondent.

2. Learned counsel for the parties agree that the matter is, in fact,

rendered infructuous inasmuch as the elections for the post of President of the

Indian Medical Association are since over and therefore, no cause would

survive.

3. It is stated by the learned counsel for the appellant that imposition of

costs of Rs.10,000/- on the petitioner only on account of his failure to

incorporate the State as a party respondent was harsh.

4. We have heard the learned counsel for the parties.

5. The matter is actually rendered infructuous, as has been stated by the

learned counsel for the parties. In our opinion, the petitioner/appellant herein

could have been given an opportunity of incorporating the requisite parties by

the learned single Judge. Imposition of costs of Rs.10,000/-, in our opinion, is

therefore, certainly harsh. For these reasons, we set aside the judgment and

order impugned.

6. Accordingly, the Writ Appeal is allowed. No order as to costs.

Pending miscellaneous applications, if any, shall stand closed.

DHIRAJ SINGH THAKUR, CJ

RAVI CHEEMALAPATI, J

AMD

HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE & HON'BLE MR. JUSTICE RAVI CHEEMALAPATI

WRIT APPEAL NO: 714 of 2024

Dt:28.10.2024

AMD