IN THE HIGH COURT OF DELHI AT NEW DELHI
Sanjeev Sachdeva, J.
K. P. Rao – Appellant
Versus
Union of India & Ors. – Respondents
W.P.(C) 8915 of 2019 & CM APPL. 36773 of 2019, 53240 of 2019,
Decided On : 10-02-2023
age and tenure restriction - National Sports Development Code of India 2011 - [Clause 15.10, Clause 30] - The 'age and tenure restriction' on the members of the Governing Body imposed by the National Sports Development Code of India 2011 applies not only to the Amateur Kabaddi Federation of India but also to all its constituents at the State and District Level. The amendments carried out to Clause 15.10 and Clause 30 of the AKFI Constitution are quashed. The Original Clause 15.10 and Clause 30 are restored. All the State and District Associations and bodies, if they want to continue to be members of the AKFI have to amend their Memorandum of Associations/Constitutions and bring them in conformity with the Sports Code particularly in respect of the Age and Tenure restrictions imposed by the Sports Code. If the representatives of the State Associations to the National Federation and the representatives of the District Associations/bodies to the State Association are not compliant of the 'age and tenure restriction' imposed by the Sports Code, then they shall not constitute the electoral college and shall be disqualified from contesting for any post of the executive committee and also from casting their vote for such an election. The State Associations and the District Associations, after the expiry of the term of the existing Executive Committee, shall hold fresh elections strictly in accordance with the 'age and tenure restriction' imposed by the Sports Code. The election notification dated 07.08.2019 for elections to the AKFI and the notification of the electoral college of AKFI issued by the Administrator are quashed. The Administrator shall prepare and notify the schedule for the holding of the elections of the office bearers of AKFI in accordance with these directions, which should not be later than 3 months from the date of this order. The President and Secretary of the affiliated Member unit should attend the General Body Meeting of AKFI, however if the President and Secretary of an affiliated member are unable to attend or are not compliant of the 'age and tenure restriction' imposed by the Sports Code, they may nominate, in accordance with the Constitution of AKFI, a person who is compliant. If there is a dispute on the nomination, then the nomination by the President shall prevail.
JUDGMENT
Sanjeev Sachdeva, J.
1. The issues that arise for consideration in these batch of petitions are:
(i) Whether the 'age and tenure restriction' on the members of the Governing Body imposed by the National Sports Development Code of India 2011 (hereinafter refered to as the 'Sports Code') applies only to the Amateur Kabaddi Federation of India (AKFI for short) a National Federation or also applies to its constituents i.e. the State and District Association which are members of the AKFI?
(ii) What would be the effect, if any, of the State Association refusing or failing to comply with the 'age and tenure restriction' imposed by the Sports Code?
(iii) Whether the amendment carried out to the Memorandum of Association/Constitution of AKFI is contrary to the directions issued by this court by Judgment dated 03.08.2018 in WP(C) 4601 of 2013 "Mahipal Singh & others versus Union of India" 2018 SCC OnLine Del 10284 ?
(iv) Whether the representatives of the State Associations to the National Federation have to be compliant of the 'age and tenure restriction' imposed by the Sports Code?
(v) Whether the representatives of the State Associations who contravene the 'age and tenure restriction' imposed by the Sports Code can constitute the electoral college for the elections of the Governing Body of AKFI and can be permitted to vote?
2. In WP(C) 8915/2019, the Petitioner - Mr. K.P. Rao has sought inter alia quashing of the election notification dated 07.08.2019 for elections to the AKFI issued by the Administrator in alleged contravention of the directions issued by this court in Mahipal Singh (supra). Petitioner also seek quashing of the amended Bye Law/clause No. 30 of the AKFI and further seeks a direction to hold proper and fair elections of the Member State Units and then to hold elections of the Governing Body of AKFI.
3. In WP(C) 9287/2019, the Petitioner - Mr. A.C. Thangavel had sought quashing of the election notification, notification of the electoral college of AKFI and rejection of the objections to the name of the representative of the Tamil Nadu Amateur Kabaddi Association. Further, Mandamus has been sought against AKFI to only affiliate State Associations that are compliant with the 'age and tenure restriction' imposed by the Sports Code.
4. In WP(C) 6355/2021, Petitioner - Govind Narayan Sharma, (claiming to be the Secretary of Rajasthan State Kabaddi Association) has sought inter alia quashing of the order of the Administrator whereby the removal of his name from the electoral college of AKFI (as a representative of Rajasthan State Kabaddi Association) has been accepted and the names recommended by its President have been included in the electoral college.
5. In WP(C) 6356/2021 Petitioner - Govind Narayan Sharma has sought a restraint on the AKFI and its Administrator from interfering in the electoral college of the Rajasthan State Kabaddi Association.
6. In WP(C) 8439/2021, Petitioner - Jitender Kumar Gahlyan has sought a direction to AKFI to quash the elections of the Amateur Kabaddi Association of Haryana; declare Respondent No. 5 (Kuldeep Singh Dalal) as disqualified to contest elections to the post of Secretary and to hold elections of the Amateur Kabaddi Association of Haryana in accordance with the Sports Code.
7. WP(C) 9287/2019 was filed by Mr. A.C. Tangavel contending that the election notified by the Administrator was contrary to the mandate of the Sports Code as it did not comply with the age and tenure restrictions.
8. On 18.08.2021 an application (CM 26931/2021) was filed by Mr. A.C. Thangavel seeking to withdraw the petition. Said application was opposed by learned counsel appearing for the Administrator contending that as the petition involved substantial questions of great public importance, particularly for the sport of Kabaddi in the country, the application be dismissed or alternatively the Administrator be substituted as the Petitioner.
9. Noticing that AKFI was being represented by the Admi
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