YASHWANT VARMA
Rahul Garg – Appellant
Versus
Trained Nurses Association Of India – Respondent
JUDGMENT
Yashwant Varma, J. - CM aPPL. 20346/2022(for exemption)
allowed, subject to all just exceptions.
The application shall stand disposed of.
W.P.(C) 6701/2022 & CM aPPL. 20345/2022(Interim Relief)
1. The petitioner who is a member of the Trained Nurses association of India ['association'] has petitioned this Court seeking the following reliefs: -
'a) Quash and set aside the Minutes of the Meeting dated 12.03.2022-13.03.2022 to the extent that the elections are sought to be postponed by 2 more years;
b) Quash and set aside Circular No. TNaI/PRIM/CIRCULaR LETTER/2O22/0911 dated 25.03.2022 and Notice dated 08.04.2022;
c) Issue of Writ of Mandamus directing the Respondents to conduct elections as scheduled in December 2022;'
The challenge in essence is to the postponement of elections for constituting the Managing Body of the association.
2. a preliminary objection is taken by the association to the maintainability of the writ petition with learned counsel for the respondent contending that the association is neither State nor is it an authority which would be subject to the jurisdiction of the Court as conferred by article 226 of the Constitution. It is submitted that the association is
Ramakrishna Mission and Anr. vs. Kago Kunya and Ors. (2019) 16 SCC 303
Sabhajit Tewary vs. U.O.I. (1975) 1 SCC 485
Shri Anadi Mukta Sadgiri S.M.V.S.J.M.S. Trust vs. V.R. Rudani (1989) 2 SCC 691
Sukhdev Singh and Ors. vs. Bhagatram Sardar Singh Raghuvanshi and Anr. (1975) 3 SCR 619
Zee Telefilms Ltd. and Anr. vs. Union of India and Ors.) 2005 1 Scale 666
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