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.

JUDGMENT :

HARISANKAR V. MENON, J.

These three connected writ petitions are filed with reference to the recognition of the Association representing the sport of Cycle Polo in Kerala under the provisions of the KERALA SPORTS ACT , 2000 (hereinafter referred to as the “Sports Act”) and the Kerala Sports Rules, 2008 (hereinafter referred to as the “Sports Rules”) as well as the affiliation by the Cycle Polo Federation of India.

2. W.P(C) No.5997 of 2023 is filed by the Kerala Cycle Polo Association (hereinafter referred to as “KCPA”) contending that the same was formed during 1968 by the legendary Col. Goda Varma Raja and affiliated with the 4^th respondent - Cycle Polo Federation of India (hereinafter referred to as the “National Federation”), from 1970 onwards as evidenced by Ext.P1. It is further stated that the petitioner had obtained registration under the Travancore - Cochin (Literary, Scientific and Charitable) Societies Registration Act, 1954, as evidenced by Ext.P2. The petitioners contend that in the meantime, the 5^th respondent –Cycle Polo Association of Kerala (hereinafter referred to as “CPAK”) was formed by some individuals against whom disciplinary proceedings were taken by the 2^nd respondent – State of Kerala and the 3^rd respondent - the Kerala State Sports Council (hereinafter referred to as the “Sports Council”). Later, the CPAK sought recognition from the Sports Council which was objected to by the petitioner Association-KCPA. The matter was considered by this Court in W.P(C) No.28433 of 2018 and connected cases and as per Ext.P3 judgment dated 23.02.2022, this Court directed the Standing Committee of the Sports Council to take a decision on the withdrawal of recognition of the petitioner Association as well as on the request for recognition filed by the 5^th respondent herein - CPAK. This Court further directed the status quo as regards the recognition of the petitioner Association to be maintained till a decision as above is taken.

2.1. On the basis of the directions as above, the Secretary of the Sports Council considered the claims made by the petitioner and CPAK as evidenced by Ext.P4 dated 25.07.2022. It was found, with reference to the provisions of Section 31(1A) of the Sports Act, that CPAK has not produced majority of the documents required to be produced for seeking recognition and hence, registration cannot be extended to CPAK. The Sports Council also found that the Secretary of CPAK, was one who was directed to be kept out of the affairs of Cycle Polo by the Sports Council and the 2^nd respondent, without taking note of the afore, the said person was permitted by the National Federation to meddle in the activities of Cycle Polo and hence decided to reject the application filed by CPAK and to continue with the registration of the petitioner Association herein.

2.2. The petitioner, thereafter, points out that it submitted Ext.P5 application dated 02.08.2022 relying on Ext.P4 proceedings of the Sports Council before the National Federation and seeking affiliation of the petitioner Association. The Sports Council, also addressed the Secretary of the National Federation as per Ext.P6 dated 26.08.2022, stating that the petitioner alone is the recognized Association under the Sports Act as far as the State of Kerala is concerned.

2.3. The order at Ext.P4 was the subject matter of challenge at the instance of CPAK before this Court in W.P(C) No.28587 of 2022 and by Ext.P7 judgment dated 10.11.2022, noticing that the CPAK has already filed an appeal before the Kerala State Sports Appellate Tribunal, Thiruvananthapuram (hereinafter referred to as the “Appellate Tribunal”), directed the matter to be decided by the said appellate authority.

2.4. The Appellate Tribunal, by Ext.P8 judgment dated 11.01.2023, rejected the appeal filed by CPAK.

2.5. The petitioner further contends that they selected the players to represent the State in the National Championships scheduled to be held during December, 2022 and since, they we