IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE FIFTEENTH DAY OF FEBRUARY TWO THOUSAND AND TEN PRESENT HON'BLE THE ACTING CHIEF JUSTICE T.MEENA KUMARI & HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT APPEAL NO : 74 of 2010 Between: 1. Government of India, Department of Animal Husbandry, Dairy and Fisheries, rep., by its Secretary, Krishi Bhavan, New Delhi and another. ..... APPELLANTS AND 1 Dr. K. Krishna Kumar and others. .....RESPONDENTS The Court made the following : HON'BLE THE ACTING CHIEF JUSTICE T.MEENA KUMARI & HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT APPEAL No :74 of 2010 JUDGMENT: (per Hon'ble The Acting Chief Justice T.Meena Kumari The order, dated 29.12.2009 passed by a learned single Judge in W.P.No.25775 of 2009 is challenged by respondents 1 and 3 in the writ petition. The 1st respondent herein is the writ petitioner. The status of the parties will hereinafter be referred to as arrayed in the writ petition. The writ petitioner filed the above writ petition seeking to declare the action of respondents 1 to 3 in conducting elections on 30.11.2009 as per Notification dated 12.10.2009, without updating the latest addresses of the respective members so as to enable them to exercise their franchise for the election of 11 members to the Council, as illegal and arbitrary. The learned single Judge allowed the writ petition directing the 2nd respondent-Veterinary Council of India rep., by its Secretary, to fix another date of polling for the Veterinarians, who are the members of the 4th respondent, and send ballot papers to the addresses furnished in the Compact Disc, forwarded by the 4th respondent. It was made clear that the ballot papers sent by it to such addresses, on earlier occasion, shall stand cancelled and that the counting of votes shall take place after completion of the polling as indicated. Having aggrieved by the same, the Government of India, Department of Animal Husbandry, and the Returning Officer, respondents 1 and 3 in the writ petition, filed the present appeal. Heard the learned Central Government Standing Counsel as well as the learned Counsel for the respondents. Perused the material available on record. It is pertinent to note that Section 4(2) of the Indian Veterinary Council Act, 1984 states that if any dispute arises regarding any election to the Council, it shall be referred to the Central Government for its decision, which shall be final. The appellate department is the department, which has to render its decision on any matter referred to it. Therefore, we feel that in a case of this nature, the adjudicating authority itself cannot directly approach the Court. Further, the returning officer cannot be an aggrieved person in this matter and on this ground also, this appeal is liable to be dismissed. Accordingly, the writ appeal is dismissed. No order as to costs. _______________________ T. Meena Kumari, ACJ _________________ G. Chandraiah, J Dated: 15.02. 2010 Nn. HON'BLE THE ACTING CHIEF JUSTICE T.MEENA KUMARI & HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT APPEAL NO : 74 of 2010 (Division Bench Judgment delivered by Hon’ble The Acting Chief Justice T. Meena Kumari) 15.2.2010