::1:: APHC010068782026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE NINTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3891/2026 Between: 1. KARTHIK TUMMALA, S/O T. RAJESWARA RAO, AGED ABOUT 43 YEARS, OCCUPATION MEDICAL PRACTITIONER, REGISTERED MEDICAL PRACTITIONER BEARING APMC REGISTRATION NO. 56666, RESIDENT OF 33-15-10, KADIYALA VANI STREET, SEETHARAMPURAM, VIJAYAWADA (URBAN),KRISHNA DISTRICT / NTR DISTRICT, ANDHRA PRADESH - 520002, PRESENTLY PRACTISING AT ABC IMAGING, DORNAKAL ROAD,SURYARAOPET, VIJAYAWADA,ANDHRAPRADESH - 520002, (A VALID MEMBER AND CONTESTING CANDIDATE IN THE ELECTIONS TO THE ANDHRA PRADESH MEDICAL COUNCIL - ELECTION 2026,) ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, HEALTH, MEDICAL AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, VELAGAPUDI. 2. ANDHRA PRADESH MEDICAL COUNCIL, REP. BY ITS REGISTRAR, 2ND FLOOR, DR. NTR UNIVERSITY OF HEALTH SCIENCES, VIJAYAWADA, ANDHRA PRADESH. 3. THE RETURNING OFFICER, APMC ELECTIONS 2026,.DIRECTOR OF SECONDARY HEALTH, GOVERNMENT ::2:: OF ANDHRA PRADESH. 4. THE NATIONAL MEDICAL COUNCIL, REP. BY ITS CHAIRMAN, POCKET- 14, SECTOR -8, DWARKA PHASE -1 NEW DELHI - 110077, INDIA ...RESPONDENT(S): 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 to issue a Writ of Mandamus or any other appropriate writ, order or direction, directing the Respondents to extend the online voting window for the Andhra Pradesh Medical Council Elections, 2026, by a further period of 48 to 72 hours, or for such period as this Hon'ble Court may deem fit and proper, after ensuring technical stabilization of the voting platform, so as to enable eligible voters who were unable to cast their votes due to systemic and technical failures during the originally notified polling hours to effectively exercise their franchise and consequently any other appropriate writ, order or direction, directing the Respondents to forthwith identify, rectify, and stabilise the technical glitches in the online voting system, including but not limited to failures in OTP delivery, server response errors, session expirations, vote submission failures, and backend application errors, and to ensure that the online voting platform functions in a reliable, accessible, and error-free manner during the extended polling period and pass Counsel for the Petitioner: 1. VADLAPATLA SAI MALLIK Counsel for the Respondent(S): 1. GP FOR MEDICAL HEALTH FW ::3:: HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.3891 of 2026 This Court made the following ORDER: The case of the petitioner is that the Respondent Nos.2 and 3 issued notification for conducting election through online voting method, for which they provided information to exercise the voting right/franchise by logging into the official website of the 2nd Respondent and exercise respective voting franchises as per the OTP provided by the respondents. As per the schedule, today i.e., 09.02.2026 is the election day for exercising franchise by all the members of the 2nd Respondent. As per the schedule the voting time is from 08:00 AM to 05:00 PM but when the petitioner tried to login at the time of 08:00 AM the petitioner is unable to exercise his franchise due to not receiving of third OTP. Immediately, some others are also complained regarding non- receipt of third OTP. Considering the complaints since it is first time conducting elections through online, the 3rd Respondent who is the Returning Office of the Election immediately dispensed with ::4:: the third OTP and proceeded with the elections with first and second OTPs. Therefore, with these disturbances the election may not be allowed and many of the members may deprived of exercising their voting right/franchise and requested for grant of more time to exercise their voting franchise by all the members of the Society. 2. On the other hand, learned Standing Counsel for Respondent Nos.2 to 4 and learned Government Pleader for Respondent No.1 submits that as initially it was found some difficulties regarding receipt of third OTP, immediately the third OTP is dispensed with. So far 40% out of total members were exercised their voting franchise and the subject percentage is double to the earlier participation and also by considering the request of the petitioner, the time for exercising the voting franchise also extended up to 08:00 PM on 09.02.2026. In view of the submission of learned Standing Counsel, the grievance and plea of the petitioner has been redressed by extending the voting time upto 08:00 PM on 09.02.2026. 3. Heard learned counsel for the petitioner and learned Standing Counsel for Respondent Nos.2 to 4 and learned Government Pleader for Medical and Health and perused the ::5:: material placed on record, particularly the instructions issued by the 3rd respondent wherein it is categorically stated that the third OTP which is causing hurdles is dispensed with and the time for exercise voting franchise through online is extended till 08:00 PM rather than 05:00 PM on 09.02.2026 . 4. Therefore, the grievance of the petitioner substantially addressed by the 3rd Respondent. Further, it is settled law that once the election has commenced, the same cannot be stalled or altered from the notified schedule whatever may be the reasons. 5. Accordingly, the Writ Petition is closed by observing as above. No costs. Consequently, miscellaneous petitions, if any, pending in this writ petition shall stand closed. _________________________________ VENKATESWARLU NIMMAGADDA, J DT: 09.02.2026 krk ::6:: ::7:: HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.3891 of 2026 DT: 09.02.2026 krk 110