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IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH
Trained Nurses' Association Of India – Appellant
Versus
Returning Officer Kerala Nurses & Midwives Council – Respondent
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 Branc
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The rejection of nominations for election was upheld due to substantial defects in compliance with statutory requirements, emphasizing the importance of strict adherence to election laws.
Section 69 of Kerala Co-operative Societies Act, 1969 specifically provides a remedy for resolution of dispute in connection with election to Managing Committee of any Society.
Cross-nomination between candidates in same constituency does not disqualify; rejection without valid statutory reason is illegal.
The election jurisprudence, its principles and the applicability of election laws have different delineations and dimensions. They indeed operate, and has to be allowed to operate in their own way so....
Disqualifications for elections in cooperative societies can be established by both statute and rules, with rules supplementing existing statutory provisions.
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