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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.

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 ‘UOI’), inter alia, to appoint any retired judge of this court or of the Hon'ble Supreme Court to supervise and monitor the conduct of election of respondent No. 2-BFI in a fair, impartial and transparent manner which was scheduled to be conducted on 18.02.2023.

3. It is stated in the petition, that respondent No. 2-BFI was formed in the year 1950 and was registered under the provisions of the Societies Registration Act, 1860, having its registered office at National Capital Territory of Delhi (hereinafter referred to as ‘NCTD’)

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