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2015 Supreme(Mad) 2249

MADRAS HIGH COURT
M.Sathyanarayanan, J.
G.Venkatesh: Padmanabhan Sridharan & Others - Appellants
Versus.
Bridge Federation of India A Society Registered - Respondents
W.P.Nos.2559 of 2011 and 11431 to 11433 of 2015 and M.P.Nos.1 and 2 of 2015 (4 cases)
Decided on : 24.6.2015

Advocates Appeared:
Mrs. Hema Sampath, Senior Counsel for Mrs. R.Meenal in W.P.No.2559 of 2011
Mr. V.T.Gopalan, Senior Counsel for Mr. K.Moorthy in W.P.Nos.11431 to 11433/2015
Mr. Gopal Subramanium, Senior Counsel assisted by Mr. Srinath Sridevan for R1 in all W.Ps.
Mr. Su.Srinivasan, Asst. Solicitor General for R2 to R4 in W.P.No.2559/2011 and for R2 in W.P.Nos.11431 to 11433/2015
Mrs. Hema Sampath, Senior Counsel for Mrs. R.Meenal for R3 in W.P.Nos.11431 to 11433/2015

Headnote:

Societies Registration Act, 1860 – Citizenship Act, 1955 – Section 7-A – Participate and represent India – Petitioner was an Indian citizen and became a naturalized citizen of United States of America (U.S.A.) in the year 1996. – However, the petitioner claims that still he is having roots in India and visit India regularly and also registered himself as an Overseas Citizen of India in terms of Section 7-A of the Citizenship Act, 1955 since February, 2006 and by virtue of the same, he is entitled to certain legal rights conferred by the Government of India including treatment on parity with Non-Resident Indians in certain fields. – The petitioner would state that the first respondent, namely Bridge Federation of India is a Society registered under the Societies Registration Act, 1860 having its presidential seat in Chennai and its primary object is to promote and develop the sport of Bridge in India and it is also the recognized National Sports Federation for the sport of Bridge in India. – The first respondent is responsible for conducting National Bridge Championships/ Tournaments and for conducting Selection Trials for selecting teams to represent the first respondent in International Bridge Championships/Tournaments and it has authority to determine and control the selection process and decide on the selection of Bridge players/teams that represent them in International Championships/Tournaments. – Held, World Bridge Championship apex body, in its communication dated 12.05.2015, addressed to the President of the first respondent, has indicated that it cannot interfere with the legitimate application of a Federations internal Rules and Regulations for selecting the players of its national representatives to participate a World Championship and the Credential Committee of the WBF has only the duty, after the registration of the representatives by a National Federation, to control that all the members fulfill the WBF eligibility requirements which allow them to participate in the event. – Therefore, in the light of the legal position as laid down in the above cited decision, coupled with the communication of the World Bridge Federation-apex body dated 12.05.2015, this Court is not in a position to interfere in the impugned communication. – The correspondences exchanged between the third respondent and the petitioners on one side and the first respondent on the other side also reveal that the first respondent has acted in a bonafide manner while deciding this complex issue and gone by the circulars issued by the second respondent. – Court, on thorough application of mind to the entire materials placed before it, is of the view that these writ petitions lack merit. – W.P. Dismissed

ORDER

By consent all the writ petitions are taken up for final disposal.

2. Since the issue involved in these writ petitions is one and the same namely to participate and represent India in the 2015 Bermuda Bowl Bridge Championship' due to be held in Chennai from 26.09.2015 to 10.10.2015, all these writ petitions are disposed of by this common order. W.P.No.2559 of 2011

3.1. The petitioner was an Indian citizen and became a naturalized citizen of United States of America (U.S.A.) in the year 1996. However, the petitioner claims that still he is having roots in India and visit India regularly and also registered himself as an Overseas Citizen of India [in short 'OCI'] in terms of Section 7-A of the Citizenship Act, 1955 since February, 2006 and by virtue of the same, he is entitled to certain legal rights conferred by the Government of India including treatment on parity with Non-Resident Indians in certain fields. The petitioner would state that the first respondent, namely Bridge Federation of India [hereinafter referred to as 'BFI'] is a Society registered under the Societies Registration Act, 1860 having its presidential seat in Chennai and its primary object is to promote and develop the sport of Bridge in India and it is also the recognized National Sports Federation for the sport of Bridge in India. The first respondent is responsible for conducting National Bridge Championships/ Tournaments and for conducting Selection Trials for selecting teams to represent the first respondent in International Bridge Championships/Tournaments and it has authority to determine and control the selection process and decide on the selection of Bridge players/teams that represent them in International Championships/Tournaments.

3.2. The petitioner would further state that World Bridge Federation [in short 'WBF'] is established for the purpose of promoting and developing the sport of Bridge throughout the world and its headquarters is located in Switzerland. WBF is a private independent sports body corporate and according to the petitioner, it is not affiliated with International Olympic Committee. WBF consists of eight zonal organizations which are divided by geographical locations and each zonal organization is responsible for the organization and administration of Bridge Championship and Tournaments in its geographical area. It is further stated by the petitioner that there are two major World Championships for Open Team participation, besides other International Championships/Tournaments conducted under the aegis of WBF, namely (a) World Bridge Championship which is held once in four years and (b) World Bridge Team Championships of which the Bermuda Bowl is the Open Team event, which is held once in every two years during the odd years like 2007, 2009, 2011 and so on.

3.3. The petitioner would contend that no nationality restrictions are placed in the Conditions of Contest governing specific World Championships/International Tournaments held under the auspices of WBF and as a matter of fact, many countries do permit Bridge players, who are their citizens, to be part of team representing NBOs of other countries. The petitioner would further state that the selection of teams for participating in the event Bermuda Bowl will be in two phases, first being National Selection Trials and subsequently the Zonal Selection Trials and six teams would be competing in the National Selection Trials and out of which, five teams gain a direct qualified entry/berth in the National Selection Trials based on their performance in the National Championship s/ Tournaments and the sixth team would be a direct sponsorship team which would gain a direct entry into the National Selection Trials by paying Rs.5 lakhs to the first respondent as sponsorship/support funding.

3.4. According to the petitioner, he is a member of the first respondent and his membership number is TM710 and he would claim that he is an internationally claimed Bridge player and recognized by the

















































































































































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