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2023 Supreme(AP) 349

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
D.RAMESH, J.
Andhra Kabaddi Association – Appellant
Versus
State of Andhra Pradesh – Respondent
Writ Petition No.924 of 2021 and 20084 of 2020
Decided on : 01-03-2023

Advocates:
Advocate Appeared:
For the Appellant : RADHA KRISHNA LANKISETTI

Headnote:

Andhra Pradesh Societies Registration Act, 2001 - Elections - Challenging order of 4th respondent in refusing request of petitioner-Association to include names of newly elected Office Bearers by replacing name of respondent Nos.5 and 6, whose term was already expired - Held, Court believes that considering directions given by authority-AKFI for Andhra Kabaddi Association i.e., AKA with Reg. has conducted elections and submitted electoral list of candidates to authority - Authority has no option except to consider same as per records - In said circumstances, impugned order of 4th respondent- AKFI is set aside and directing 4th respondents not to continue any member pertaining to these Society with regard to participation in general elections to AKFI or any other purpose - Petitioners in both writ petitions, are given liberty to submit their claims before authority along with original records within a period of two (02) weeks - 4th respondent-AKFI is directed to consider record and take appropriate decision for including correct persons in association within a period of two (02) weeks thereafter - It is needless to mention that elections are to be conducted in confirmation with Sports Code - Writ petitions disposed of.

ORDER :

Writ Petition No.924 OF 2021

This writ petition is filed challenging the impugned order/endorsement No. G/648/2019, dated 03-11-2020 as illegal, arbitrary and consequently set aside the same by directing the 2nd respondent to pass orders on merit by following due procedure of law on the representation of the petitioner dated 15-10-2020.

Writ Petition No.20084/2020:

This Writ Petition is filed challenging the order dated 09.10.2020 of the 4th respondent in refusing the request of the petitioner-Association to include the names of the newly elected Office Bearers by replacing the name of the respondent Nos.5 and 6, whose term was already expired.

2. Since the issue involved in both the writ petitions is inter-linked, this Court intends to dispose of both the writ petitions by a common order.

3. The case of the petitioner in W.P.No.924 of 2021 is that the petitioner is representing as President of Andhra Kabaddi Association, which is registered with the 2nd respondent herein as Andhra Kabaddi Association, with Ananthapuram address vide registration No.115/2020 as per Andhra Pradesh Societies Registration Act, 2001 with an object to promote Kabaddi game in the State of Andhra Pradesh. At the time of registration of the petitioner Association, they have submitted the list of members of the petitioner Association, who are actively involved in the development and promotion of the Kabaddi game. Accordingly, the 2nd respondent-District Registrar had issued Registration Certificate in favour of the petitioner Association on 30-03-2010; as per the by-laws of the petitioner Association, the term of office of the existing body is four years; accordingly the elections were held from time to time and amendments were submitted to the 2nd respondent periodically whenever changes are taken place on 09-09-2015, 07-05-2018 and 07-09-2019. The 2nd respondent has issued amendment certificates in favour of the petitioner Association from time to time.

4. The 4th respondent in the said writ petition has also got registered several associations with the same address of Vijayawada with the District Registrar, Vijayawada by titling the names of his associations for the same cause by claiming himself as Secretary to those associations such as Kabaddi Association Krishna District with Reg.No.232/2013, Krishna DT Kabaddi Association with Reg.No.438/2018 and another such association created by 4th respondent is taking the exact name of the petitioner association viz., Andhra Kabaddi Association with Vijayawada Address vide it’s registration No.436/2018 who is not at all concerned with the petitioner Association, with an evil intention to tarnish the image of the petitioner Association. After registration of the rival association with the District Registrar, Krishna District, 4th respondent herein made a representation to Amateur Kabaddi Federation of India (AKFI), New Delhi seeking recognition and affiliation of their association to AKFI. In the meantime, AKFI has asked all the affiliated state Kabaddi Associations to send two representatives from their respective Associations to include their names in the Electoral College list of AKFI, New Delhi for conducting first round of elections to elect Office bearers and amend the Memorandum of Association of AKFI. Accordingly, the petitioner Association has sent their name of –K.E. Prabhakar/petitioner, as the president of the petitioner Association and the name of Mr. Veeralankaiah, Secretary of the petitioner Association to participate in the First Round election of AKFI.

5. Accordingly, the 4th respondent had again and again sought for affiliation of AKFI and also sought permission to participate in the upcoming General Body and Executive Committee meetings of AKFI, New Delhi on behalf of their Association under the registration No.436/2018 led by Mr. Komati Jayarama Rao as President and to permit their teams to participate in the Sub-Junior Nationals, Junior Nationals, Senior Nationals and International Tourn

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