Manipur High Court
C. JAGANNADHACHARYULU, J.
Imphal Sporting Club, Imphal by its Secretary Arambam Santosh Kumar Singh
Versus
All Manipur Sports Association, Imphal
Civil Writ Appln. Case No. 21 of 1968
Decided On : 22-11-1968
WRIT PETITION - MAINTAINABILITY - DOMESTIC TRIBUNAL - SOCIETIES REGISTRATION ACT, 1860 - ARTICLE 226 OF THE CONSTITUTION OF INDIA - FOOTBALL TOURNAMENT - DISPUTE RESOLUTION - LOTTERY - PROTEST - IRREGULARITY - REVIEW OF DECISION.
Fact of the Case:
The Imphal Sporting Club filed a writ petition under Article 226 of the Constitution of India, challenging the proceedings of the Governing Body of the All Manipur Sports Association, Imphal, and the decision of the Tiddim Road Athletic Union Manipur, in a football tournament. The petitioner alleged that the second respondent was declared the winner of the quarter-final match through a lottery, despite the petitioner's protest and request to withhold the lottery until the protest was resolved.
Finding of the Court:
The court held that the writ petition was not maintainable under Article 226 of the Constitution of India, as the first respondent, the All Manipur Sports Association, was a purely private and domestic body, not constituted under any statute or statutory rules. The court further held that the dispute between the parties was governed by the terms of the contract mentioned in the tournament conditions, and the petitioner had an alternative remedy to seek redress in a Civil Court.
Issues: 1. Whether a writ petition is maintainable against a domestic tribunal under Article 226 of the Constitution of India? 2. Whether the first respondent, the All Manipur Sports Association, was a domestic tribunal? 3. Whether the petitioner had an alternative remedy to seek redress in a Civil Court?
Ratio Decidendi: 1. A writ petition is not maintainable against a domestic tribunal under Article 226 of the Constitution of India. 2. The first respondent, the All Manipur Sports Association, was a purely private and domestic body, not constituted under any statute or statutory rules, and therefore, it was a domestic tribunal. 3. The petitioner had an alternative remedy to seek redress in a Civil Court.
Final Decision: The writ petition was dismissed as not maintainable.
This is an application filed by the Imphal Sporting Club, tinder Article 226 of the Constitution of India against (i) All Manipur Sports Association, Imphal, and (ii) Tiddim Road Athletic Union Manipur, for a writ of certiorari and other appropriate directions quashing the proceedings of the meeting of the Governing Body of the first respondent held on 17-11-1968 which decided against the protest lodged by the petitioner and which held that the second respondent won "Sir Churachand Singh, K. C. S. I., C. B. E. Memorial Gold Centered Shield Football Tournament" quarter final game on 17-11-1968 and for restraining the second respondent from playing the semi-final of the said tournament and for further restraining the first respondent from conducting the semi-final match.
2. The petitioner and the respondents 1 and 2 are associations registered under the Societies Registration Act (Act XXI of 1860) (hereinafter called as the Act) functioning in Imphal. The object of the petitioners and second respondents Association is to promote game and sports among the youngsters. The first respondent is organising and conducting every year a football tournament known as "Sir Churachand Singh K. C. S. I., C. B. E. Memorial Gold Centered Shield Football Tournament" since 1950. The first respondent printed the conditions of the play for 1968 in Ext. A/1.
3. The petitioner and the second respondent entered into the tournament on payment of entry fee of Rs. 40/- each. The tournament was to be played on the knockout basis till the semi-final rounds as prescribed by condition No. 9 in Ext. A/1. After winning two plays against its rival teams, the petitioner entered into quarter final play. It played against the second respondent on 3-11-1968. But, the game ended goalless on either side and in a draw.
4. The first respondent fixed 17-11-1968 as the next date on which both the teams should replay. At about 8-00 A. M. the Governing Body of the first respondent passed a resolution (Vide Ext. B/1) that, in case the match to be replayed again ended in a draw, then the match should be decided by lot. The Governing Body further resolved that the Referee who would supervise the replay on 17-11-1968 should be informed of this decision of the Governing Body, so that he might issue necessary instructions to the Captains of the two teams and that the decision might be announced before the start or during the half time of the match through the microphone fixed at the Pavilion.
5. It is the case of the petitioner that while replaying the game on 17-11-1968, the Referee gave his long whistle declaring that the petitioners team scored the goal, but that the second respondents captain protested, that the game continued, that the Referee awarded a penalty kick" to the petitioners team against the second respondent and that the game ended in a goalless draw.
6. The petitioner further alleges that it lodged a protest within one hour of the conclusion of the match challenging the decision of the Referee by depositing a sum of Rs. 50/- in accordance with the condition No. 15 of Ext. A/1 (vide Ext. A/2), that it requested the first respondent to withhold the lot for deciding the match as provided in condition No. 8 (b) in Ext. A/1, until the final decision on the protest was given by the first respondent, but that, without considering the protest the first respondent proceeded with the lot as can be seen from Ext. A/8 and declared the second respondent as having won the game on the ground that the petitioner refused to join in drawing the lot. The petitioner avers that the first respondent should have at first considered the protest and then should have actually drawn the lot subsequently, even though the petitioner might not have been present. The petitioner, therefore, challenges Ext. A/3 resolution of the first respondent under which the first respondent declared the second respondent as having won the game.
7. According to the first respondent immediately after the mat
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