2007 Supreme(Raj) 2371
RAJASTHAN HIGH COURT AT JAIPUR BENCH
R.M.Lodha, R.S.Chauhan, JJ.
Rajasthan Tennis Association through its President - Appellant
Versus
Rajasthan Cooperative Societies and ors. - Respondent
D.B. Civil Special Appeal (Writ) No. 1102 of 2006.
Decided On : 5-12-2007
For the Respondent No. 1:Banwari Lal Avasthi, Additional Government Advocate.
For the Respondent No. 2 to 7:Sagar Mal Mehta, Senior Counsel with Virendra Lodha and Sudhanshu Kasliwal, Advocates.
Headnote:
(a) Practice and Procedure – Reasons for order – presented points not considered – remedy – not every brief order becomes non speaking – order defines reason – remedy for presented points not considered for filing review petitioner - Natural justice Principal – hearing opportunity – enquiry Decision not entail/involve civil consequences – no prior hearing necessary decision – only before adverse order passed.
(b) Rajasthan Sports (Registration, Recognition and Regulation of Associations) Act, 2005 – S. 16, 22(1)(d) and 23 – Scope of – allegations covered u/s.22(1)(d) – no competence to hold inquiry u/s.23 – different fields covered u/s.16 and 23.
(c) Rajasthan Sports (Registration, Recognition and Regulation of Associations) Rules, Rule 8 – Scope of – inquiry u/s.23 held – to formulate specific enquiry points – not formulated – order set aside – directions for fresh orders with specific inquiry points held.
(i) That the order of the Single Judge is non-speaking order. In this connection, he relied upon the judgment of the Supreme Court in the case of
(ii) That it was incumbent upon the Registrar, Cooperative Societies, Rajasthan, Jaipur to hear the appellant before the order dated 09.06.2005 came to be passed. Reliance was placed on a decision of the Supreme Court in the case of
(iii) That the order dated 09.06.2005 passed by the Registrar, Cooperative Societies, Rajasthan, Jaipur is not in conformity with Rule 8 of the Rajasthan Sports (Registration, Recognition and Regulation of Associations) Rules, 2004 inasmuch as no specific points on which the enquiry is to be made have been formulated.
(iv) That the complaints on a fair reading would show that they relate to the controversy concerning the management activity/election of the appellant association and such controversy has to be resolved through Conciliation and Arbitration as required under Section 16 of the Rajasthan Sports (Registration, Recognition and Regulation of Associations) Act, 2005.
"A bare reading of the High Courts order shows that it did not mention that no other point except that relating to Rule 3.8 of the Manual was pressed into service. Had it been so, the grievance of the appellants would have been without any basis. But the High Court did not even refer to the various stands taken by the appellants. It was open to the High Court to discard the plea but to restrict consideration to one point and not to others was certainly not a permissible course. It may be, as contended by learned Counsel for the State, without any substance. But that should have been clearly indicated in the impugned order.
"22. Grounds for Disqualification.-(1) A Sports Association shall be liable to action on any of the following grounds:
(a) if the Sports Association fails to maintain accounts and submit the same under Section 19 or fail