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IN THE HIGH COURT OF DELHI AT NEW DELHI
SACHIN DATTA
Uttar Pradesh Kho Kho Association – Appellant
Versus
Kho Kho Federation Of India – Respondent
| Table of Content |
|---|
| 1. petition details and prayers made. (Para 1 , 2 , 3) |
| 2. allegations of illegal disaffiliation. (Para 5 , 6 , 7 , 8) |
| 3. details of conducted elections. (Para 9 , 10 , 11) |
| 4. controversy over election authority. (Para 12 , 13 , 14) |
| 5. result declaration of elections. (Para 15 , 16) |
| 6. requirements for state associations. (Para 28 , 29 , 30 , 39 , 40 , 41) |
| 7. issues surrounding adherence to sports code. (Para 31 , 32 , 33 , 34 , 35) |
| 8. court's dismissal of the petition. (Para 52 , 54) |
JUDGMENT :
SACHIN DATTA, J.
1. The present petition has been filed by the petitioner being essentially aggrieved by the actions of respondent no.1 (the recognised National Sports Federation for the sports of Kho Kho), in disaffiliating the petitioner (a State Association in the state of Uttar Pradesh).
2. The writ petition was originally filed seeking the following prayers:
“a) Issue an appropriate writ, order and/or direction in the nature of mandamus directing Respondent No. 1 to recognize and give effect to the elections for Petitioner’s executive committee held on 27.10.2021 under the supervision of Justice D.P. Singh as the Ld. Returning Officer in terms of the order of this Hon’ble Court date
The court held that compliance with the National Sports Development Code is mandatory for recognition of sports associations, validating the disaffiliation due to violations in governance and elector....
The Sports Council can inquire about election irregularities in sports associations but cannot dissolve them or interfere in their internal elections.
Disaffiliation by a national federation does not automatically mandate a state sports council to withdraw recognition under state law; such decisions require appropriate legal proceedings.
The election procedures of sports associations must strictly adhere to the National Sports Development Code, preserving electoral integrity and compliance with established tenure restrictions.
The Kerala State Sports Council lacks authority to dissolve or intervene in the internal affairs of recognized sports associations as per the Kerala Sports Act, 2000.
The court upheld the validity of the Provisional Selection List by 'Kerala Hockey' while permitting the Sports Council to conduct an inquiry into the elections held under the National Sports Code.
Recognition of National Sports Federations requires strict compliance with applicable regulations, but the Ministry may grant exemptions under specific circumstances to promote emerging sports.
Point of Law – Court has emphasized primary obligation of NSFs towards players in contradistinction to perks enjoyed by Office Bearers of NSFs.
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