Non-compliance of court orders and interference in the affiliation process by KKFI and Mr. M. S Tyagi.

JUDGMENT

Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

CM APPL. 21015/2023 (for exemption)

2. Allowed, subject to all just exceptions. Application is disposed of.

CM APPL. 21016/2023 (permission to file lengthy synopsis and list of dates)

3. This is an application seeking permission to file lengthy synopsis and list of dates and events. For the reasons stated in the application, permission is granted. Application is disposed of. W.P.(C) 5375/2023 & CM APPL. 21014/2023 (seeking directions)

4. The present petition along with the present application has been filed by the Petitioner-Uttar Pradesh Kho Kho Association (hereinafter `UPKKA') seeking various reliefs i.e. that the elections held on 27th October, 2021 under the supervision of Justice D.P. Singh (Retired) ought to be given effect to, and a Retired Judge ought to be appointed to inquire into the allegations against Respondent Nos. 1 and 2-Kho Kho Federation of India and Mr. M. S. Tyagi- General Secretary of Respondent No. 1 respectively.

5. The Petitioner-UPKKA has a grievance that the Respondent No. 1- Kho Kho Federation of India (hereinafter `KKFI') despite elections being held under a Court appointed Election Officer, is not granting affiliation to the UPKKA as per the provisions of the Memorandum and Bye-laws of KKFI.

6. Mr. Baruah, ld. Counsel for the Petitioner has taken the Court through the various orders passed by this Court passed in the earlier writ petitions in this dispute.

7. Vide order dated 21st January, 2021, in W.P.(C) 863/2021 titled `Mukul Kumar v. Union of India' involving the same association i.e UPKKA, this Court had considered the matter and had expressed surprise as to how the UPKKA was itself dissolved vide letter dated 19th December 2019 without the said issue being on the agenda of UPKKA dated 15th December 2019. After hearing the parties, the following order was passed in the said matter:

"xxx xxx xxx

11. Heard ld. counsels for the parties. A perusal of the memorandum prima facie shows that the President is the ultimate authority in the UPKKA. After the elections conducted in 2017, which are not in dispute, Mr. Sanjay Pratap Singh was elected as the President of the UPKKA. Even the agenda of the meeting dated 15th December, 2019 does not reflect the discussion on an issue such as the dissolution of the association itself. Under these circumstances, reliance on letter dated 19th December, 2019 written by the President to the effect that there are irregularities and further making the said letter as the basis of the circular dated 30th January, 2021 appointing the IC, creates enormous suspicion. When the President himself was in-charge of the said association, it seems quite anomalous that the President claims that there were various irregularities in the functioning of the association and is then appointed as the Chairman of the IC.

12. This writ petition requires consideration. The first and foremost step which needs to be taken is to get the elections conducted for the UPKKA, inasmuch as the term of the said association is expiring in July, 2021. Accordingly, issue notice to the other Respondents, including the Chairman of the IC. Notice in the present petition be also served by the Petitioner on Respondent No.3. Ld. Counsel for Respondent No.4 has entered appearance. Notice is accepted on behalf of Respondent No.4.

13. Since the affairs of the UPKKA are now in the hands of the IC, the following directions are issued:

a) There shall be no withdrawal of funds from the bank accounts of the UPKKA.

b) Respondent No.3 shall place before this Court the accounts of the UPKKA for the last five years, including the balance sheets. The same shall also be supplied to Respondent No.2.

c) Status quo shall be maintained in respect of the members of the UPKKA and no further members shall be inducted into the association.

Insofar as the IC is concerned, this Court is of the opinion that some independent members should also be par