JUDGMENT

Ashok Kumar Gaur, J. - The instant petition has been filed by the petitioners challenging the order dated 18.04.2019 passed by the Registrar (Institutions), Jaipur (respondent No.3) for holding enquiry under Section 23(1) of the Rajasthan Sports (Registration, Recognition and Regulation of Associations) Act, 2005 (hereinafter shall be referred to as "the Rajasthan Sports Act") and the notice dated 23.04.2019 issued by the Enquiry Officer and Inspector, Cooperative Department, Jaipur (respondent No.4), issued in furtherance of the order dated 18.04.2019.

2. The petitioner No.1 has claimed himself to be the elected Secretary of the Jaipur District Cricket Association and the petitioner No.2 i.e. Jaipur District Cricket Association is a registered District Level Sports Association.

3. The brief facts, pleaded in the writ petition, are that elections to the Executive Committee of the Jaipur District Cricket Association were conducted on 18.03.2018 by an ad-hoc committee formed by the Registrar (Institutions) and the petitioner No.1 was elected as the Secretary and one Mahesh Joshi was elected as the President and Sameer Sharma was elected as the Treasurer.

4. The petitioners have pleaded that on 24.04.2019, they received a letter/notice dated 23.04.2019, by post, from the respondent No.4 - Enquiry Officer and Inspector, Cooperative Department, Jaipur stating therein that the respondent No.3 - Registrar (Institutions), Jaipur had appointed him as the Enquiry Officer vide order dated 18.04.2019 exercising powers under Section 23(1)(c) of the Rajasthan Sports Act, 2005. The said letter had required the petitioners to appear before the Enquiry Officer and put their defence to a complaint made by the Jaipur Sports Cricket Club (respondent No.5). The petitioners were asked to appear on 25.04.2019, failing which the proceedings of enquiry were to be concluded. The petitioners have alleged that neither the allegation made in the complaint, was reproduced in the notice nor copy of the complaint was annexed to the said notice.

5. The petitioners have pleaded that on 25.04.2019, they submitted a representation/letter to the respondent No.4 to supply copy of the alleged complaint, filed by the respondent No.5, as also the order dated 18.04.2019 passed by the respondent No.3 by which he had directed initiation of enquiry and appointed the respondent No.4, as the Enquiry Officer.

6. The petitioners have pleaded that after much persuasion and insistence, copy of the complaint filed by the respondent No.5, was supplied to them, however, the order dated 18.04.2019 for initiating enquiry was not supplied by the Enquiry Officer. The petitioners have alleged that copy of the complaint, supplied by the respondent No.4 and given by the respondent No.5, was undated and the said complaint showed Inward Number as 211 dated 16.04.2019. The petitioners have alleged that the complaint was received in the office of the respondent No.3 on 16.04.2019, however, it was carrying a handwritten endorsement dated 15.04.2019, made by the respondent No.3 i.e. even before the complaint was officially received by the office of the respondent No.3, asking the respondent No.4 to undertake an enquiry and report back to him. The petitioners have pleaded that they again requested on 26.04.2019 for supplying copy of the order dated 18.04.2019, whereby enquiry was ordered and ultimately, on 29.04.2019 the copy of the order dated 18.04.2019 was supplied to them. The petitioners have alleged that a perusal of the order dated 18.04.2019 revealed that it had been passed in violation of the provisions of the Rajasthan Sports Act, 2005 and Rules, 2004. The petitioners have alleged that the specific points of enquiry were not formulated and no copy of order was sent to the affiliating Association and the order dated 18.04.2019 was only a cover-up to formalize the earlier handwritten endorsement/order dated 15.04.2019, made by the respondent No.3.

7. The petitioners have pleaded that