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2023 Supreme(Raj) 49
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
PANKAJ MITHAL, SHUBHA MEHTA, JJ.
Ummed Singh – Appellant
Versus
Rajasthan Wrestling Association, Through Its President I.k. Dutta Son Of Late Shri K.l. Dutta – Respondent
D.B. Special Appeal Writ No. 967 of 2021
Decided on : 25-01-2023
Advocate Appeared:
For the Appellant : Mr. Sanjay Rahar
For the Respondent: Mr. Peush Nag, Mr. Abhinav Surollia on behalf of Mr. Ashish Surollia
Point of Law : There is no material to indicate election disputed involve is on account of failure to hold elections in accordance with the bye-laws.
Headnote:
Arbitration and Conciliation Act, 1996 – Section 11 - Rajasthan Sports (Registration, Recognition and Regulation of Associations) Act, 2005 - Section 23 - Elections - Post of office bearers - Submissions of learned counsel for appellants is that Writ court could not have issued any direction for an enquiry by Registrar, Cooperative Societies as dispute of elections of office bearers of Association can be called into question by taking recourse to Section 16 of Act of 2005 which provides for remedy of conciliation and arbitration - On other hand, submission of learned counsel for respondents is that where elections of Associations are not held in accordance with law, Registrar, Cooperative Societies is empowered to hold an enquiry and to pass necessary order which is also amenable to appeal - There is no dispute to fact between parties that elections to post of office bearers of Association i.e. Rajasthan Wrestling Association are required to be held in accordance with provisions of aforesaid Act.– Para 5
Finding of Court :
A simple reading of provisions of Section 22 read with Sections 23 and 24 of Act of 2005 demonstrates that they come into play where Sports Association fails to hold elections in accordance with bye-laws in which case Registrar is obliged to hold an enquiry and to pass an order appointing an Adhoc Executive Committee and to hold fresh elections of Executive Body within three months - Aforesaid provisions are not the provisions for resolving election disputes - Election disputes are basically covered - Election disputes if any are mandated to be resolved through conciliation and arbitration only - There is no material to indicate election disputed involve is on account of failure to hold elections in accordance with bye-laws - In view of aforesaid facts and circumstances, a blanket direction to Registrar, Cooperative Societies to hold an enquiry in accordance and to pass a speaking order is not necessary until and unless allegation is that elections have not been held in accordance with law which entails appointment of an Adhoc Executive Committee or for holding fresh elections.
Result : Appeal stands disposed of accordingly.
JUDGMENT :
1. Heard Mr. Sanjay Rahar, learned counsel for the appellants, Mr. Peush Nag, learned counsel for respondent No.1-Rajasthan Wrestling Association and Mr. Abhinav Surollia, vice Mr. Ashish Surollia learned counsel for respondent No.7-Rajasthan State Sports Council. Service of notice upon respondent Nos.2 to 6 was dispensed with by earlier order of this Court.
2. The appellants herein have preferred this intra court appeal against the judgment and order dated 22.10.2021 by which the writ petition filed by respondent No.1 was disposed of with the direction to the Registrar, Cooperative Societies to hold an enquiry as provided under Section 23 of the Rajasthan Sports (Registration, Recognition and Regulation of Associations) Act, 2005 (for short, ‘the Act of 2005’) within a time bound period by a speaking order.
3. The submissions of learned counsel for the appellants is that the Writ court could not have issued any direction for an enquiry by the Registrar, Cooperative Societies as the dispute of the elections of the office bearers of the Association can be called into question by taking recourse to Section 16 of the Act of 2005 which provides for the remedy of conciliation and arbitration.
4. On the other hand, the submission of learned counsel for the respondents is that where the elections of the Associations are not held in accordance with law, the Registrar, Cooperative Societies is empowered to hold an enquiry and to pass the necessary order which is also amenable to appeal under Section 35 of the Act of 2005.
5. There is no dispute to the fact between the parties that the elections to the post of office bearers of the Association i.e. Rajasthan Wrestling Association are required to be held in accordance with the provisions of the aforesaid Act.
6. Section 16 of the Act of 2005 clearly provides that, if any dispute arises touching the constitution, management activities, election or claim to affiliation of any Sports Association, the same shall be resolved through conciliation and arbitration. It further provides that the Arbitration and Conciliation Act, 1996 (for shot, ‘the Act of 1996’) as amended from time to time, shall apply for the purposes of conciliation and arbitration proceedings referred to above.
7. Section 16 of the Act of 2005 is reproduced herein below:-
“16. Conciliation and Arbitration.- (1) If any dispute arises touching the constitution, management activity, election or claim to affiliation of any Sports Association, the same shall be resolved through conciliation and arbitration.
(2) The Arbitration and Conciliation Act, 1996 (Central Act No.26 of 1996), as amended from time to time, shall apply to the conciliation and arbitration proceedings referred under sub-section (1).”
8. In view of the language used in Section 16 of the Act of 2005 any dispute regarding election of a Sports Association is supposed to be resolved in the first instance through conciliation and arbitration in accordance with the Act of 1996.
9. At the same time, Chapter-VI of the Act of 2005 provides for the disaffiliation, enquiry and disqualification of a Sports Association.
10. Section 22 of the Act of 2005 therein provides that a Sports Association shall be liable to action on the grounds mentioned therein inter alia if the Sports Association fails to hold elections in accordance with its bye-laws. It further provides that the Registrar i.e. the Registrar of Cooperative Societies may hold an enquiry either himself or by person duly authorized by him and that after holding such an enquiry and giving an opportunity of being heard to the affected Sports Association, he may appoint an Adhoc Executive Committee and cause to hold fresh elections of the Executive Body of the Sports Association within three months.
11. Sections 22, 23 & 24 of the Act of 2005 read as under:-
“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
