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IN THE HIGH COURT OF DELHI
Dipak Misra, V. Kameswar Rao, JJ.
Samadhan Swimming Club - Appellant
Versus
Union of India - Respondent
LPA 525 of 2016
Decided On : 27-08-2018




JUDGMENT

V. Kameswar Rao, J. The present appeal has been filed by the appellants challenging the order of the learned Single Judge dated March 04, 2016 in W.P.(C) No. 2777/2015. The appellants had filed the writ petition with the following reliefs:

i) stay of the elections to the post of office bearers of the respondent no.3 Delhi Swimming Association (DSA) schedule to be held on 22nd March, 2015;

ii) for setting aside of the fresh list of the electoral college dated 1st March, 2015 prepared by the Returning Officer (RO) appointed of the said election,

iii) for a direction to the RO to consider favourably the nomination filed by certain petitioners whose nominations had been rejected for no plausible reason, and

iv) seeking a direction for holding of election of the respondent no.3 DSA by calling fresh nominations from all concerned including the petitioner Clubs who had been omitted from the electoral college in an allegedly illegal and arbitrary manner and as per the official list submitted by the respondent no.3 DSA of 173 member Clubs."

2. The learned Single Judge dismissed the writ petition holding that the same is not maintainable on various grounds. Suffice to state, we shall refer to the grounds, on which the learned Single Judge has dismissed the writ petition later in the judgment.

3. The facts as averred in the writ petition annexed as Annexure A-14 (colly) are the following. It is their case that they are the Swimming Clubs affiliated with Delhi Swimming Association (for short `DSA') being their bona fide members as per the constitution of the DSA. The DSA is a registered Society being an Association of Swimming Clubs/Departments operating within the territory of National Capital Territory of Delhi engaged in the sport of Swimming. The DSA lastly conducted its elections on March 27, 2011 as per its constitution. At the time of conduct of elections, a total number of 54 Swimming Clubs participated in the said electoral process in terms of the list of affiliated member Clubs, at the relevant time. After the conduct of the elections, a duly elected electoral body was appointed to conduct and manage the affairs of the DSA. It is the case of the appellants that the electoral body was conducting its affairs in a smooth and efficient manner, when suddenly on April 04, 2014, the Swimming Federation of India suspended the DSA as a member; of the Swimming Federation of India on account of purported infighting amongst the office bearers and appointed a seven member Ad-hoc Committee to look after and run the swimming activities in Delhi.

4. It is represented that vide letter dated April 04, 2014, the office bearers of the DSA conducted an internal meeting amongst themselves and issued a communication dated April 06, 2014 thereby informing the Swimming Federation of India of the resolution of the so-called internal disputes amongst the elected members and requested the Swimming Federation of India to reinstate the original democratically elected body of the DSA. Thereafter, the DSA has filed a petition being W.P.(C) No. 3562/2014 inter-alia for grant of relief for quashing of suspension of the petitioner Association therein by the Swimming Federation of India and also directing the Ministry to appoint an observer for fresh elections to the DSA. Vide order dated October 29, 2014, this Court in the said writ petition directed the conduct of elections of the DSA in accordance with the Byelaws/ Memorandum/Rules as also Model Election Guidelines of National Sports Development Code of India, 2011 and the respondent No.2 herein was appointed as an observer with a direction to complete the entire electoral process not later than three months from that date i.e. October 29, 2014. It is averred in the writ petition that in terms of the order dated October 29, 2014, representations were received from various parties and the respondent No.2 Returning officer sought replies and documents from all interested member Clubs of the DSA. A

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