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2026 DAILYLAW 2306 (KAR)

MR. PREETHAM B v. TRAINED NURSES ASSOCIATION OF INDIA

WP/7138/2025 · 2026-04-02

Sachin Shankar Magadum

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:18195 WP No. 7138 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 7138 OF 2025 (GM-KSR) BETWEEN: 1. MR. PREETHAM B SON OF BALAKRISHNA B N AGED ABOUT 25 YEARS, RESIDING AT NO.5, NEAR 58 BUS STOP MYSORE ROAD, BYATARAYANAPURA BENGALURU 500 026. …PETITIONER (BY SRI. DORE RAJ B H., ADVOCATE) AND: 1. TRAINED NURSES ASSOCIATION OF INDIA OF INDIA, KARNATAKA BRANCH #205, II FLOOR, MAHAVEER NEST, VEMANA CHARITABLE TRUST DEVARA CHICKANAHALLI BENGALURU-560 076. REP. BY SECRETARY DR. HEMALATHA. 2. TRAINED NURSES' ASSOCIATION OF INDIA REGISTERED ON 16TH JUNE 1917 UNDER THE SOCIETIES REGISTRATION ACT XXI OF 1860 AND HAVING ITS PERMANENT OFFICE AT L-17, FLORENCE, NIGHTINGALE LANE, GREEN PARK, NEW DELHI, DELHI 110016 Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18195 WP No. 7138 of 2025 REP. BY GENERAL SECRETARY MR. DR. EVELYN KANNAN. 3. DR. DILEEP SOMANING NATEKAR, STATE PRESIDENT (DECLARED ELECTED) PRINCIPAL, BVVS SAJJALASHREE INSTITUTE OF NURSING SCIENCES, SNMC CAMPUS, NAVANAGAR, BAGALKOTE - 587 103 4. DR. MAHESHA P. PRINCIPAL PROFESSOR & HOD SNS COLLEGE OF NURSING GUNDLUPET, CHAMARAJNAGARA 571111 5. DR. THIPPESWAMY T. M. J. S/O JAYANNA T M #147, NEAR GOVERNMENT SCHOOL, HIRETOGALERI, DAVANAGERE - 577 514 6. DR. K REDDEMMA RETURNING OFFICER TNAI KARNATAKA BRANCH ELECTION C/O. THE TRAINED NURSES' ASSOCIATION OF INDIA L-17, FLORENCE, NIGHTINGALE LANE, GREEN PARK, NEW DELHI, DELHI 110016 EMAIL TNAIELECTIONS@GMAIL.COM …RESPONDENTS (BY SRI. AJAY KUMAR M., ADVOCATE FOR R1, R2 & R6 (NOC VK FILED; R3 - SERVED; SRI CHETHAN B. ADVOCATE FOR R4 & R5) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF DECLARATION TO DECLARE THE 'ELECTION VENUE- BAGALKOT' AS SOLE ELECTION VENUE DECIDED BY THE - 3 - HC-KAR NC: 2026:KHC:18195 WP No. 7138 of 2025 EXECUTIVE COMMITTEE OF THE RESPONDENT NO.2 PUBLISHED BY RESPONDENT NO.1 IN TRAINED NURSES ASSOCIATION OF INDIA BULLETIN 2025 AS ARBITRARY AND ILLEGAL WITH RESPECT TO TRAINED NURSES' ASSOCIATION OF INDIA KARNATAKA STATE BRANCH ELECTION 2025. COPY OF TRAINED NURSES ASSOCIATION OF INDIA, BULLETIN-2025 PRODUCED HEREIN AS ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This caption petition is filed seeking the following reliefs- a) Issue a writ of declaration or any other appropriate writ, order or direction thereby declaring the "Election Venue-Bagalkot" as sole Election Venue decided by the Executive Committee of the respondent no.2 published by respondent no.1 in "Trained Nurses Association of India-Bulletin-2025" as arbitrary and illegal with respect to Trained Nurses' Association of India- Karnataka State Branch Election 2025. Copy of Trained Nurses' Association of India, Bulletin-2025 produced herein as Annexure-A at ink page no.36; b) Issue a writ of certiorari or any other appropriate writ, order quashing the Karnataka - 4 - HC-KAR NC: 2026:KHC:18195 WP No. 7138 of 2025 State Branch Election 2025 to Trained Nurses' Association of India produced herein at Annexure- A at ink page no.36, vide bulletin - February 2025, VOLXIV No.2 at page no.22 of the Bulletin; c) Issue a writ of madamus or any other appropriate writ, order or direction to the respondent no.1 and respondent no.6 to create Election Venue at Bengaluru-Karnataka State Headquarter of Trained Nurses' Association of India for Karnataka State Branch Election 2025. 2. The gist of the grievance urged by the petitioner in the present writ petition is that respondent No.1, having announced the calendar of events for the elections scheduled for the year 2025, has proceeded to notify Bagalkot as the sole polling venue, which, according to the petitioner, is in flagrant violation of the governing bye-laws. It is contended that in a State as vast as Karnataka, the scheme of the bye-laws mandates that respondent No.1, in consultation with the Returning Officer, ought to provide for a maximum of four polling stations so as to facilitate effective participation of the electorate. The petitioner further asserts that such determination of polling stations is required to be undertaken in consultation not only with the Returning Officer but also with - 5 - HC-KAR NC: 2026:KHC:18195 WP No. 7138 of 2025 the National Vice-President of the concerned Region. The impugned decision to restrict the polling to a single booth at Bagalkot is alleged to be arbitrary and contrary to the bye- laws, particularly when the total electorate comprises approximately 22,000 voters, of whom only about 800 voters are from Bagalkot. In this backdrop, the petitioner seeks a declaration that the fixation of Bagalkot as the sole election venue is illegal, arbitrary and unsustainable in law. 3. When the matter was taken up for consideration today, the learned counsel appearing for respondent Nos.1, 2 and 6, on instructions, submitted before this Court that respondent No.1 has taken a conscious decision to conduct fresh elections strictly in accordance with the bye-laws governing the field. It is further submitted that respondent No.1 proposes to adhere to the policy of establishing multiple polling stations, not exceeding four in number, and that such decision would be taken in due consultation with the National Vice-President of the Region as well as the Returning Officer, thereby addressing the grievance projected by the petitioner. - 6 - HC-KAR NC: 2026:KHC:18195 WP No. 7138 of 2025 4. In light of the submission so made by the learned counsel appearing for respondent Nos.1, 2 and 6, which is placed on record, this Court is of the considered view that the ends of justice would be met by issuing appropriate directions to ensure that the forthcoming election process is conducted strictly in conformity with the applicable bye-laws and in a fair and transparent manner. 5. Accordingly, for the foregoing reasons, this Court proceeds to pass the following: ORDER The writ petition stands disposed of with the following directions: i) Respondent No.1 shall, in consultation with the National Vice-President of respondent No.2 and the Returning Officer—respondent No.6, propose and establish not more than four polling booths, inclusive of one at Bengaluru, in strict compliance with the applicable bye-laws. ii) Respondent No.6 – the Returning Officer shall, prior to issuance of the calendar of events, ensure preparation of a proper and updated - 7 - HC-KAR NC: 2026:KHC:18195 WP No. 7138 of 2025 electoral roll strictly in accordance with the bye- laws governing respondent No.2. iii) Respondent No.6 shall complete the exercise of preparation of the fresh voter list within a period of eight (8) weeks from the date of receipt of a copy of this order. Upon preparation of such voter list, the Returning Officer shall notify the calendar of events and conclude the election process within an outer limit of three (3) months thereafter. iv) It is made clear that the proposed election process shall be confined only to the four vacant posts. In view of disposal of the main writ petition, pending I.A. No.2/2025, if any, stands disposed of. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HNM List No.: 1 Sl No.: 38