Kerala High Court
Trained Nurses' Association.Of India vs The Returning Officer on 3 July, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 3RD DAY OF JULY 2025 / 12TH ASHADHA, 1947
WP(C) NO. 21657 OF 2025
PETITIONER:
TRAINED NURSES' ASSOCIATION OF INDIA,
REGISTRATION NO.199, KERALA STATE BRANCH,
REPRESENTED BY PRESIDENT,
PROF. RENU SUSAN THOMAS, PRINCIPAL,
WELCARE COLLEGE OF NURSING,
MULANTHURUTHY, ERNAKULAM, PIN - 682314
BY ADVS.
SRI.ROMY CHACKO
SHRI.P.S.GEORGE
SRI.ROY CHACKO
RESPONDENTS:
1 THE RETURNING OFFICER
KERALA NURSES & MIDWIVES COUNCIL,
KNMC OFFICE,
RED CROSS ROAD,
THIRUVANANTHAPURAM, PIN - 695035
2 SHRI. M.V.SUDHEEP,
AGED 52 YEARS
TNAI 41753 MUDARAPILLY MANA,
NEDUPUZHA VILLAGE, NEDUPUZHA PO,
THIRISSUR DISTRICT, PIN - 680007
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W.P.(C) No.21657/2025
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3 MS. ANEESA S.A.
AGED 42 YEARS
SHANY MANZIL, AIKARAPADI PO, PULIKAL VIA,
MALAPPURAM., PIN - 673637
4 MRS. PRASANNA V..NAIR
AGED 36 YEARS
VIJAYA NIVAS, KARAKKADU PO,
CHENGANNUR, PIN - 689504
BY ADVS.
SHRI.VIVEK MENON
SRI.RAJIT
SRI.SAJU J PANICKER
SRI.V.C.MADHAVANKUTTY
SMT.SRUTHI RAJIT
SHRI.KURIAN K JOSE
SRI.JAMES P. THOMAS
SRI.N.RAGHURAJ (SR.)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 25.06.2025, THE COURT ON 03.07.2025
DELIVERED THE FOLLOWING:
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W.P.(C) No.21657/2025
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CR
N. NAGARESH, J.
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W.P.(C) No.21657 of 2025
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Dated this the 3rd day of July, 2025
JUDGMENT
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The petitioner is President of the Trained Nurses
Association of India. The petitioner seeks to quash Exts.P1
and P5 to the extent respondents 2 to 4 have been shown as
candidates contesting to the post of Member of the Kerala
Nurses and Midwives Council from the quota reserved for
Members of TNAI, Kerala State Branch.
2. The petitioner states that the 1st respondent-
Returning Officer issued Ext.P1 notice of election on
20.01.2025 for the purpose of holding election for six posts
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to be elected by the registered Nurses in Part A, one of
whom shall be a member of the Trained Nurses Association
of India. When Ext.P1 was issued, the TNAI sent Ext.P2
communication dated 25.01.2025 to the Returning Officer
pointing out that as per the bye-laws of the TNAI, a member
of TNAI who represents TNAI in Indian Nursing Council or
State Nursing Council shall be decided/endorsed by the
TNAI National or State Branch Executive Committee. If any
TNAI member files nomination against the TNAI endorsed
candidate, such candidate will be directed to withdraw
his/her candidature.
3. By Ext.P4 communication dated 28.01.2025, the
TNAI stated that the candidate approved by the State Branch
of TNAI is Sri. Dileep M.K. for the post of Council Member
and that no other candidate has been endorsed to represent
TNAI in KNMC election. Despite Exts.P3 and P4,
respondents 2 to 4 submitted nominations to the post of
Council Member under the label of TNAI, which is evident
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from Ext.P5 Notification dated 11.02.2025 of the 1st
respondent-Returning Officer.
4. The President and Secretary of the State Branch
sent letter dated 16.02.2025 to the Secretary General TNAI
informing him about the action of respondents 2 to 4. The
Executive Committee meeting held on 25.01.2025 had
decided that any of the Executive Members or any other
person endorsed by the State Executive Committee meeting
can be suggested to the post of Member of the Kerala
Nurses and Midwives Council. The decision was
unanimously accepted by the Executive Committee which is
evident from Ext.P8 minutes dated 28.01.2025. The TNAI
issued Ext.P9 notice to respondents 2 to 4 intimating that if
they do not withdraw their nominations on or before
11.02.2025, the Association will proceed against them.
5. Since respondents 2 to 4 did not pay any heed to
Ext.P9, Ext.P10 show-cause notice dated 04.03.2025 was
issued to them. Respondents 2 to 4 did not respond to
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Ext.P10. The TNAI at the national level resolved to
terminate the membership of respondents 2 to 4 as per
Exts.P13 to P15 dated 09.05.2025. Consequent to their
termination from the TNAI, they have incurred
disqualification for being elected to the post of Council
Member. The petitioner seeks to issue a declaration that the
nomination submitted by respondents 2 to 4 and accepted by
the 1st respondent are invalid and have no sanction in law.
6. The 1st respondent resisted the writ petition filing
counter affidavit. The 1st respondent stated that draft voters
list was published on 24.12.2024 and final voters list was
published on 09.01.2024 after considering objections.
Nominations submitted were scrutinised on 06.02.2025 in
the presence of candidates and their representatives.
Neither the petitioner nor their representatives present
during the scrutiny did raise any objection to the candidature
of respondents 2 to 4. After the date fixed for withdrawal of
nominations, 32 candidates remained in the list.
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7. Subsequent to publication of final list of
candidates, the 1st respondent entrusted the printing of
voting papers and other connected papers with the C-Apt,
Thiruvananthapuram. Printing and packing of voting papers
for 400380 Nurses and 19750 Auxiliary Nurse Midwives were
completed by C-Apt and handed over to Speed Post
authorities on 24.05.2025. The Speed Post has sent all
420130 voting papers by 30.05.2025. The 1st respondent
started receiving the votes casts in the ballot papers from
15.04.2025 onwards, well before filing this writ petition. A
total number of 4930 votes have been received in the office
up to 19.06.2025. Considering the fact that almost 90% of
the election process have already been completed and since
none of the grounds put forth by the petitioner is sustainable,
the petitioner is not entitled to any relief, urged the 1st
respondent.
8. The 3rd respondent filed counter affidavit. The 3rd
respondent stated that she satisfies all the conditions laid
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down in Ext.P1 and she is qualified to contest the election.
No clause in the bye-law of TNAI prohibits a member from
the TNAI to contest in the reserved seat of TNAI in the
Nursing Council elections. If there is any prohibition or
violation, that is an internal matter within the TNAI. It will not
affect the candidature of the 3rd respondent for election to
the KNMC. The petitioner satisfied the eligibility conditions
for filing nomination as stipulated in Ext.P1.
9. The termination of the membership of the 3rd
respondent as per Ext.P14 is illegal. She was not given any
notice nor was she heard before the decision was taken.
The expulsion of the 3rd respondent cannot retrospectively
invalidate nominations already accepted. The writ petition is
therefore liable to be dismissed outright.
10. I have heard the learned counsel for the
petitioner, the learned counsel appearing for respondents 1
and 5 and the respective learned counsel appearing for
respondents 2 and 3.
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11. The contention of the petitioner is that as per
Section 3(2)(d) of the Kerala Nurses and Midwives Act,
1952, the eligibility condition for contesting election is that a
candidate must eb a member of TNAI at the time of election.
Respondents 2 to 4 ceased to be members of TNAI and
therefore they are ineligible. The Hon'ble Apex Court has
held in the judgment in N.P. Ponnuswami v. Returning
Officer [(1952) 1 SCC 94] that "election" means the entire
process of election starting from the publication of
Notification ending with declaration of result. Therefore,
eligibility of candidates contesting in the election should be
valid till the declaration of results.
12. Section 3 of the Nurses and Midwives Act, 1953
provides for establishment, incorporation and constitution of
the Kerala Nurses and Midwives Council. Section 3 reads
as follows:
3. Establishment, incorporation and constitution of
the Council-
(1) The Government shall, by notification in the
Gazette, establish a Council to be called the Kerala
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Nurses and midwives Council for the purpose of
carrying out the provisions of this Act. Such
Council shall be a body corporate having perpetual
succession and a common seal and shall by the
said name sue and be sued.
(2) The Council shall consist of the following
members namely:-
(a) The Director of Health Services, the
Professor of Gynaecology, Medical College,
Thiruvananthapuram, the Professor of
Gynaecology, Medical College, Kozhikode, the
Professor of Gynaecology, Medical College,
Kottayam, the Assistant Director of Health Services
(Maternity and Child Health), the Superintendent,
Women and Childrens' Hospital, Trivandrum and
the Superintendent, Women and Childrens'
Hospital, Kozhikode, to be ex-officio members;
(b) one member elected by the members of
the Medical Council from among themselves;
(c) three registered nurses nominated by the
Government, two of whom shall be
Superintendents of Nursing Schools and the third
shall be the Matron-Superintendent of a Major
Hospital;
(d) Six members elected by the registered
nurses from among the nurses registered in Part A
of the register of nurses, of whom at least one shall
be a member of the Trained Nurses Association of
India registered in the State of Kerala, one a
member of the Kerala Government Nurses
Association and one a nurse working in a private
hospital in the state;
(e) three members elected by the
Registered Midwives, of whom one shall be from
among the midwives registered in Part A of the
register of midwives and two from among the
auxiliary nurse-midwives registered under this Act;
(f) one member elected by the registered
health visitors from among the health visitors
registered in the register of health visitors.
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13. As per Section 3(2)(d), six members elected by
the registered Nurses from among the Nurses registered in
Part A of the register of Nurses of whom at least one shall be
a member of the Trained Nurses Association of India
registered in the State of Kerala and one member of the
Kerala Government Nurses Association and one a Nurse
working in a private hospital in the State. Respondents 2 to
4 have submitted nomination for contesting against one seat
reserved for members of the Trained Nurses Association of
India.
14. The only requirement for contesting against the
one post of member earmarked for the members of the TNAI
is that the candidate shall be a member of the TNAI. Section
3 does not envisage that a member filing nomination against
the said vacancy should be a person selected or endorsed
by the TNAI.
15. The contention of the petitioner is that
respondents 2 to 4 are not eligible to contest in the elections
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due to the termination of their membership in the TNAI.
Section 6 of the Act, 1953 provides for disqualification of
membership. Section 6 reads as follows:
6. Disqualifications for membership-
A person shall be disqualified for being elected or
nominated as, and for being a member of the
Council-
(a) if he has not attained the age of majority;
(aa) If he is not a resident of the State of Kerala
(b) if he is an undischarged insolvent;
(c) if he is of unsound mind and stands so
declared by a competent court, a deaf-mute or a
leper;
(d) if he has been dismissed from service under
any Government;
(e) if his name has been removed from the
registers maintained under this Act or the
Travancore-Cochin Medical Practitioners Act, 1953,
and has not been reinstated.
As far as respondents 2 to 4 are concerned, the petitioner
has no case that respondents 2 to 4 have incurred any of the
disqualification as provided in Section 6.
16. The counsel for the petitioner attempted to make
a distinction between the eligibility to contest in elections and
disqualification of membership in the Kerala Nurses and
Midwives Council. It is true that eligibility to contest in
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election to the Council is distinct from disqualification of
membership in the Council. The question of disqualification
of membership in the Council would arise only after a
candidate is elected to the Council, whereas eligibility to
contest in election should be satisfied before a candidate
becomes member of the Council.
17. The question then arising is about the point of
time when a candidate should satisfy the eligibility conditions
for contesting in elections. The eligibility condition with
which we are concerned in this writ petition is the
membership in TNAI. Admittedly, respondents 2 to 4 were
valid members of the TNAI when Ext.P1 election notification
was published on 20.01.2025, when the nomination papers
were received on 31.01.2025, on scrutiny of nomination
paper held on 06.02.2025 and on the prescribed date for
withdrawal of nomination paper, namely 11.02.2025. The
Returning Officer has published the name of valid
candidates as per Ext.P5 gazette notification dated
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15.02.2025.
18. The argument of the petitioner is that since the
membership of respondents 2 to 4 which is an eligibility
condition for contesting in the election, has been terminated
subsequently as per resolution dated 12/13.4.2025,
respondents 2 to 4 should be treated as ineligible. Such an
interpretation cannot be accepted for the reason that the
eligibility conditions need to be satisfied only at the time of
filing of nominations or at the most, as on the date of scrutiny
of nomination. If persons can be disqualified for contesting
in election after the declaration of valid candidates by the
Returning Officer, there will be no certainty in the conduct of
election on the declared date of election.
19. In elections where eligibility is determined on the
basis of membership in other organisations, such
organisations will be able to thwart or unsettle any election
by terminating the membership of a candidate even after
declaration of the list of candidates. One cannot presume
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that the law making authorities wanted such a volatile or fluid
situation during the process of election. The argument of the
petitioner in that regard is therefore only to be rejected.
Once the Returning Officer scrutinises the nomination
papers and publishes the list of candidates, those
candidates cannot be declared as ineligible otherwise than
by due process of law.
20. It is also to be noted that Section 6 which lays
down the disqualification of membership in the Council does
not make resignation from or termination of the membership
in the present organisation as a reason for disqualification.
Section 6 would clearly indicate that continued membership
in TNAI is not a condition for remaining as a member of the
Council in the seat reserved for TNAI members.
The writ petition is therefore without any
merit and it is hence dismissed.
Sd/-
N. NAGARESH, JUDGE
aks/02.07.2025
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APPENDIX OF WP(C) 21657/2025
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTICE OF ELECTION
DATED 20.01.2025, ISSUED BY THE 1ST
RESPONDENT.
Exhibit P2 TRUE COPY OF THE COMMUN.ICATION
ADDRESSED BY THE NATIONAL COUNCIL OF
TNAI DATED 25.01.2025 TO THE RETURNING
OFFICE.
Exhibit P3 TRUE COPY OF THE PUBLIC NOTICE ISSUED
BY THE PRESIDENT AND THE SECRETARY OF
THE STATE BRANCH OF TNAI DATED
25.01.2025.
Exhibit P4 TRUE COPY OF THE COMMUNICATION DATED
28.01.2025 ADDRESSED TO THE 1ST
RESPONDENT.
Exhibit P5 TRUE COPY OF THE NOTIFICATION DATED
11.02.2025 ISSUED BY THE 1ST
RESPONDENT.
Exhibit P6 TRUE COPY OF THE COMMUNICATION
ADDRESSED TO THE SECRETARY GENERAL,
TNAI AT THE NATIONAL LEVEL DATED
16.02.2025
Exhibit P7 TRUE COPY OF THE MINUTES OF THE
MEETING HELD ON 25.01.2025.
Exhibit P8 TRUE COPY OF THE MINUTES PREPARED AT
THE EXECUTIVE COMMITTEE MEETING HELD
ON 28.01.2025.
Exhibit P9 A TRUE COPY OF ONE SUCH LETTER
ADDRESSED TO THE 4TH RESPONDENT
(PRASANNA V. NAIR).
Exhibit P10 TRUE COPY OF REFERENCE, THE SHOW CAUSE
NOTICE ISSUED TO THE 2ND RESPONDENT
(SHRI SUDEEP M.V.) DATED 04.03.2025.
Exhibit P11 TRUE COPY OF THE COMMUNICATION DATED
08.05.2025 ADDRESSED TO THE SECRETARY
GENERAL TNAI AT NATIONAL LEVEL, WITH A
COPY MARKED TO THE NATIONAL PRESIDENT.
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Exhibit P12 TRUE COPY OF THE RELEVANT PAGES OF THE
BYELAWS UNDER THE CAPTION SECTION-E
(DISCIPLINARY.ACTION) CLAUSE I (I) TO
(V)
Exhibit P13 TRUE COPIES OF THE COMMUNICATION DATED
09.05.2025 ADDRESSED TO RESPONDENT 2.
Exhibit P14 TRUE COPIES OF THE COMMUNICATION DATED
09.05.2025 ADDRESSED TO RESPONDENT 3.
Exhibit P15 TRUE COPIES OF THE COMMUNICATION DATED
09.05.2025 ADDRESSED TO RESPONDENT 4
Exhibit P16 TRUE COPY OF THE RELEVANT EXTRACT (AS
ON 20.1.1971)
Exhibit P17 TRUE COPY OF THE RELEVANT EXTRACT OF
THE PROVISION CONTAOINED SEC 6 OF THE
KERALA NURSES & MIDWIES ACT .
Exhibit P18 TRUE COPY OF THE COMMUNICATION DATED
10.5.2025.
