2018 Supreme(Del) 2340
IN THE HIGH COURT OF DELHI AT NEW DELHI
GITA MITTAL, C. HARI SHANKAR, JJ.
Mahipal Singh & Ors. – Petitioners
Versus
Union of India & Ors. – Respondents
W.P.(C) 4601 of 2013 & CM No.14524 of 2017
Decided On : 03-08-2018
For the Petitioners: Mr. B.S. Nagar, Adv. with Mr.Abhinav Goyal, Ms. Mahamaya Chatterjee and Ms. Shivani Vij, Advs., Mr. Gautam Narayan, amicus curiae
For the Respondent: Mr. Dev P. Bhardwaj, CGSC for R-1/UOI with Ms. Anubha Bhardwaj, Adv., Mr. S.K. Dubey and Mr. Rajmangal Kumar, Advs., Mr. Ruchir Mishra and Mr. Mukesh Kumar Tiwari, Advs. for IOA
C. HARI SHANKAR, J.
1. Embittered at what they perceive to be the hegemonic control exercised by Respondent No. 4, and his wife Respondent No. 5, over the Amateur Kabaddi Federation of India (AKFI) and its affairs, the petitioners, who claim to have earned gold medals for the nation in the international Kabaddi arena, have invoked the extraordinary jurisdiction of this court, under Article 226 of the Constitution of India, by means of the present writ petition, filed in public interest. The writ petition exhorts this court to (i) quash the amendments effected, at the instance of Respondent No. 4 in the Memorandum of Association and Constitution (hereinafter referred to as “MOA”) of the AKFI, whereby Respondent No. 5 has been enabled to the nominated as the President of the AKFI, (ii) quash the elections, to the various posts of Office Bearers of the AKFI, held on 19th May, 2013, (iii) appoint a Returning Officer for conducting fresh elections of the AKFI, in accordance with the pre-amended MOA, (iv) cancel the affiliation of the AKFI, as granted by the Ministry of Youth Affairs and Sports (hereinafter referred to as “the Ministry”), (v) direct inquiries into the affairs of the AKFI through an independent investigating agency, as well as conduct an audit into its accounts, and (vi) appoint an ad hoc committee, comprising of eminent sports persons, to oversee the day-to-day functioning of the AKFI.
The Facts
2. A brief factual background is necessary.
3. The AKFI was founded in 1973, and was registered, under the Andhra Pradesh (Telangana Area) Public Societies Registration Act, 1350 Fasli, on 8th September, 1975.
4. The Constitution of the AKFI is contained in its Memorandum of Association (“MOA”). Clauses 3 and 9 of Chapter II of the MOA may, in the context of the present controversy, be reproduced as under:
“3. Membership of the Society:
The membership is open to all State Kabaddi Associations, having governing bodies for Kabaddi game, Union Territories in India having specific governing bodies for the Kabaddi game, All India Institutions and Vocational Organisation of All India nature including Indian P&T, Services Sports Control Board, Indian Railways, Central Secretariat and such other all India Organisations that may be affiliated as Members subject to the Rules and Regulations hereinafter contained on payment of Annual Membership Fee and other fee as may be determined by the General Council.?
“9. General Body:-
General Body shall mean and include the office bearers and members.
5. Chapter III of the MOA dealt with membership, admission and registration. Clause 13 in Chapter III was a repetition of Clause 3 in Chapter II. Clauses 14, 18, 19, 21 and 27, which are of relevance, read thus:
“14. Authority:-
A Member Organisation shall be represented only by its President, Secretary or representatives who must be a Member of the Association and his their letter of authority duly signed by the Secretary of the Association/Institution they represent must be submitted to the Honorary General Secretary prior to the commencement of the Meet.
18. General Council:-
The General Counsel of the Federation shall consist of President, Chairman, Honorary General Secretary, Treasurer, two representatives of each Member unit. The President need not be a representative of any Member Organisation. The other office bearers and Members of Federation continued to hold the officer and represent the Member organisation they belong until such time as the representation is not withdrawn.
19. Office bearers:-
1. The President
2. Vice Presidents (4)
3. Honorary General Secretary
4. Honorary Joint Secretaries (3)
5. Honorary Treasurer.
The office bearers shall be elected for a term of three years at the Annual General Meeting to be held at the time of National Championship of the year following the date of expiry of the term. They shall continue to hold office