Kurian Joseph, J.

'Sport for all' is the concept with which the Kerala Sports Act, 2000 (hereinafter referred to as 'the Act') was enacted. Though Kerala has been in the forefront in sports and games, it appears only in the year 2000, a comprehensive legislation was enacted for the purpose of sports and games, for augmenting the athletic efficiency in the State, and also for the purpose of constitution of Sports Councils at the State, District and local levels. The 'sportsman sprit' even thereafter appears to have been exhibited more in the field of legislation and litigation. Though the Act was brought into force in the year 2001, the State Sports Council has not so far been constituted. One reason, the learned Standing Counsel for the Council points out is that the election to the District Sports Councils have not been completed, and the litigation before us pertains to the constitution of one such District Sports Council-Calicut.

2. When steps were taken to constitute the District Sports Council, Calicut, by election scheduled to take place on 31.10.2008, W.P.(C) 31914/08 was filed before this court. It was pointed out that whole proceedings for election were vitiated mainly on two grounds, among several other alleged vitiating factors; (1) right to vote ought to be restricted only to the elected members and (2) the Returning Officer had delegated his powers to another officer. As per Ext. P2 communication from the Secretary to Government, it was informed to the Secretary to the Kerala Sports Council that in the election to the Executive Committee of the District Sports Council, voting right cannot be restricted to the elected members only. It was clarified that the ex-officio as well as nominated members are also having the right to vote.

3. Section 2(viii) of the Act defines "Members" as "a member of State Sports Council or District Sports Council or Corporation Sports Council or Municipal Sports Council or Town Sports Council or Block Sports Council or Village Sports Council whichever is relevant to the context." Section 3(3) provides that Kerala State Sports Council shall consist of three types of members; Ex-officio Members, Elected Members and Nominated Members. Section 9 under Chapter III provides for the constitution of District Sports Councils. Section 9(3) provides that every District Sports Council shall consist of Ex-Officio Members, Elected Members and Nominated Members. Section 9(4) provides that there shall be a President and Vice President for every District Sports Council elected from among the members of that council. Section 11 provides for election to the Executive Committee of the District Sports Council.

4. The crucial dispute as raised in these cases pertains to the dispute regarding the eligibility of the members of the District Sports Council to participate in the election proceedings. Sri. P. Ravindran, learned senior counsel appearing for the writ petitioner, inviting reference to rule 123 of the Kerala Sports Rules, 2008 (hereinafter referred to as 'the Rules') submits that only the elected members to the District Sports Council are entitled to exercise their rights to vote for election to the Executive Committee. Rule 123

(1) reads as follows:-

"The Returning Officer shall issue a ballot paper to every elected member of a council, who wishes to vote in the election to a Standing Committee or Executive Committee, as the case may be, and the ballot paper shall contain the names of all the contesting candidates."

As per Ext. P2 clarification referred to above, the Secretary to Government informed the Sports Council that the parent Act provides for voting right to all the members whether they be Ex-officio, Nominated and Elected, and hence the Rules cannot restrict the right to exercise the vote to elected members only. Section 11 reads as follows:-

"11. Executive Committee of the District Sports Council - (1) There shall be an Executive Committee of the District Sports Council consisting