Pondicherry Basketball Association, Through its Secretary vs Union of India, Through its Secretary, Ministry of Youth Affairs & Sports, Department of Sports

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 504

PURUSHAINDRA KUMAR KAURAV
Pondicherry Basketball Association, Through its Secretary – Appellant
Versus
Union of India, Through its Secretary, Ministry of Youth Affairs & Sports, Department of Sports – Respondent

Advocate Appeared:
Mr. Mukul Rohatgi, Dr. Abhishek Manu Singhvi, Mr. Rajiv Nayar, Mr. Dayan Krishnan and Mr. Sandeep Sethi, Senior Advocates alongwith Mr. Rishi Agrawala, Mr. T. Mahendhran, Mr. Ankit Banati, Mr. Shravan Niranjan, Mr. Prabhav Bahuguna, Mr. B. Ragunatha Sethupathy, Mr. R. Ganesh Kanna and Mr. Sabari Balapandian, Advocates.
Mr. Darpan Kumar and Mr. Rajat Jonathan Shaw, Advocates for Respondent-2.
Mr. Rajesh Inamdar and Mr. Nizam Pasha, Advocate for Respondent-3.
Mr. Dayan Krishnan, Senior Advocate with Mr. Rishi Agrawala, Mr. T. Mahendhran and Mr. Ankit Banati, Advocates.
Mr. Jayant Mehta, Sr. Advocate along with Mr. Darpan Kumar and Mr. Rajat Jonathan Shaw and Ms. Ayushi Kumar, Advocates for R-1.
Mr. Amit Sibal and Mr. Devadatt Kamat, Senior Advocates along with Mr. Rajesh Inamdar, Mr. Nizam pasha, Advocate for R-3.
Ms. Amrita Sharma, Advocate for R-4.
Mr. Anirudh Bakhru, Mr. Ayush Puri and Mr. Umang Tyagi, Advocates for R-6.
Dr. Menaka Guruswamy, Senior Advocate along with Mr. Utkarsh Pratap and Ms. Mukta Helbe, Advocates for R-6 to 10 & 13.
Mr. Chetan Sharma, ASG and Mr. Anil Soni, CGSC with Mr. Dipesh, G.P. along with Mr. Devvrat Yadav and Mr. Prateek Rana, Advocates for UOI.
Dr. Abhishek Manu Singhvi, Mr. Dayan Krishnan, Senior Advocates along with Mr. Rishi Agrawala, Mr. T. Mahendhran and Mr. Ankit Banati, Advocates.
Mr. Jayant Mehta, Sr. Advocate along with Mr. Darpan Kumar and Mr. Rajat Jonathan Shaw and Ms. Ayushi Kumar, Advocates for R-1.
Mr. Devadatt Kamat, Sr. Advocate with Mr. Nizam Pasha, Advocate for R-3.
Dr. Menaka Guruswamy, Sr. Advocate along with Ms. Amrita Sharma, Mr. Utkarsh Pratap, Ms. Mukta Halbe and Mr. Lavkesh Bhambani, Advocates for R-4, 6 - 10 and 13.
Mr. Anirudh Bakhru, Mr. Ayush Puri and Mr. Umang Tyagi, Advocates for R-6.
Ms. Amrita Sharma, Advocate for R-5.
Mr. Chetan Sharma, ASG and Mr. Anil Soni, CGSC with Mr. Sahaj, G.P. along with Mr. Devvrat Yadav and Mr. Prateek Rana, Advocates for UOI.

Table of Content
1. background of the petitions regarding bfi elections. (Para 1 , 2 , 3)
2. allegations against the bfi president's influence. (Para 4 , 5 , 6)
3. procedural matters regarding the petitions. (Para 10 , 11 , 12)
4. interim orders regarding election processes. (Para 13 , 14)
5. discussion on the role and conduct of the returning officer. (Para 35 , 36 , 38)
6. judicial review principles in election disputes. (Para 39 , 54 , 73)
7. final rulings on the rejection of nominations and election conduct. (Para 74 , 75 , 76)

JUDGMENT :

Purushaindra Kumar Kaurav, J.

This batch of three petitions filed under Article 226 of the Constitution of India, relates to the election of the office bearers and members of the Executive Committee of Basketball Federation of India (hereinafter referred to as ‘BFI’) for the term 2023-2027. Since common issues are involved, therefore, the same are being decided by this common order.

2. The first petition being W.P.(C)1731/2023 was filed by the Pondicherry Basketball Association, seeking directions against respondent No. 1 i.e. Union of India (in short ‘UO

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2023 Supreme(Del) 504

PURUSHAINDRA KUMAR KAURAVPondicherry Basketball Association, Through its Secretary – AppellantVersusUnion of India, Through its Secretary, Ministry of Youth Affairs & Sports, Department of Sports – Respondent

Cases Referred (52)

PURUSHAINDRA KUMAR KAURAV
Pondicherry Basketball Association, Through its Secretary – Appellant
Versus
Union of India, Through its Secretary, Ministry of Youth Affairs & Sports, Department of Sports – Respondent