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2025 Supreme(Ker) 1798
IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH, J.
Trained Nurses' Association Of India - Appellant
Versus
The Returning Officer Kerala Nurses & Midwives Council - Respondent
WP(C) No. 21657 of 2025
Decided on : 03-07-2025
Advocate Appeared:
For the Appellant : SRI.ROMY CHACKO, SHRI.P.S.GEORGE, SRI.ROY CHACKO
For the Respondent: 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.)
IMPORTANT POINT
Eligibility for election candidates must be determined at the time of nomination, not affected by subsequent disqualifications.
Headnote:
(A) Kerala Nurses and Midwives Act, 1952 - Section 3(2)(d) - Election process - Eligibility conditions for candidates - The petitioner contended that respondents were ineligible due to termination of membership in TNAI. The court held that eligibility must be satisfied at the time of nomination and cannot be affected by subsequent actions. (Paras 11 , 17 , 19 )
(B) Disqualification for membership - Section 6 of the Act defines disqualifications, but does not include termination of membership as grounds for disqualification from contesting elections. The court ruled that once candidates are declared valid, their eligibility cannot be revoked without due process. (Paras 15 , 20 )
Facts of the case:
The petitioner sought to quash nominations of certain candidates for the Kerala Nurses and Midwives Council elections, arguing they were ineligible due to termination from TNAI membership.
Findings of Court:
The court found that eligibility was based on membership at the time of nomination, and termination did not retroactively invalidate nominations.
Issues: Whether termination of membership affects eligibility for candidacy after nomination acceptance.
Ratio Decidendi: The court reasoned that eligibility must be assessed at the time of nomination and that subsequent disqualification does not invalidate accepted nominations. The election process must maintain certainty and integrity.
Result: Writ petition dismissed.
JUDGMENT :
N.NAGARESH, J.
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 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 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 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.
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
