The Appellate Authority under the Rajasthan Sports (Registration, Recognition and Regulation of Associations) Act, 2005 does not have the jurisdiction to order fresh elections when the petitioner association is duly elected and their term is still ongoing.

JUDGMENT :

Abhay Chaturvedi, J.

1. This revision petition has been filed challenging the order dated 19.09.2019 (Annexure-12) passed by respondent No. 1, whereby the appeal filed by respondent No. 4 was allowed and a direction was issued to appellant District Cricket Association, Hanumangarh to hold election of the District Cricket Association, Hanumangarh within a period of one month.

2. Brief facts giving rise to this petition are that election of the District Cricket Association, Hanumangarh (in short ‘DCA Hanumangarh’) was earlier held in the year 2008 for the term 2008-2012. Since, some irregularities were allegedly committed by the then secretary i.e. the respondent No. 4 herein, therefore, the Dy. Registrar, Co-operative Societies, District Hanumangarh after initiating an inquiry under Section 23 of The Rajasthan Sports (Registration, Recognition And Regulation of Associations) Act, 2005 (in short ‘the Act of 2005’) vide order dated 01.05.2012 (Annexure-1) dissolved the executive body and constituted an ad-hoc committee for holding fresh election. The aforesaid order was challenged by one of the Club i.e. Blue Bells Cricket Academy, Sangaria before this Court in S.B. Civil Writ Petition No. 5633/2012 and at the same time, the order dated 01.05.2012 (Annexure-1) was also challenged by the respondent No. 4 before the Appellate Authority i.e. respondent No. 1. In the meanwhile, in pursuance of the order dated 01.05.2012, respondent No. 5, in capacity of a convener, vide letter dated 04.05.2012 appointed an election officer and a special AGM was called on 11.05.2012, wherein it was decided that the elections shall be held on 04.06.2012. The petitioner No. 2 was declared to be elected as Secretary in the said election. After completion of the term of 2012-2016, elections of petitioner association were held for the term 2016-2020 and petitioner No. 2 was elected as Secretary of the petitioner association for the term of 2016-2020.

3. It is relevant to note that on 09.09.2019, in writ petition filed by one of the Club-Blue Bells Cricket Academy, Sangaria bearing SBCWP No. 5633/2012, an application was moved by the petitioner-club therein to withdraw the said writ petition stating that against the order impugned, it has already preferred an appeal and as such without pursuing the present writ petition, the petitioner would be satisfied, if the writ petition is permitted to be withdrawn with a direction to the Appellate Authority to decide its appeal, at an early date. This Court vide order dated 09.09.2019 (Annexure-13) permitted the petitioner-Blue Bells Cricket Academy, Sangaria to withdraw the writ petition and a direction was issued to the Appellate Authority to decide the appeal expeditiously. Thereafter, the Appellate Authority-respondent No. 1 while allowing the appeal set aside the order dated 01.05.2012 (Annexure-1) passed by the Dy. Registrar, Co-operative Societies, Hanumangarh and directed to hold election of the DCA, Hanumangarh within a period of one month vide order dated 19.09.2019 (Annexure-12). Being aggrieved against the order dated 19.09.2019 (Annexure-12), the petitioner has filed this revision petition.

4. Learned counsel for the petitioner submits that Section 8 (b) of the Act of 2005 provides that Election of the executive body shall be held at least once in every four years. Thus, after expiry of four years, the tenure of the executive body automatically would come to an end. The dispute before the Appellate Authority-respondent No. 1 was with regard to the election held in the year 2008 for the term 2008-2012. It was further submitted that elections of DCA, Hanumangarh for the term 2012-2016 and 2016-2020 were held on 04.06.2012 and 03.04.2016 respectively in accordance with the provisions of the Act of 2005. The Observer of the Rajasthan Cricket Association (herein after referred to as ‘RCA’) was present at the time of holding the election and these elections were never challenged by anyone, therefore, the