2019 Supreme(Mad) 554
IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. SURESH KUMAR, J.
Petitioner
Versus
Respondent
O.A.Nos.105 of 2019 & A.No.930, 2217, 2218 of 2019
Decided On : 27-04-2019
The court has the authority to appoint an Election Officer and make interim arrangements for the administration and selection processes of sports associations.
Headnote:
Volleyball Association - Interim Arrangements - Tamil Nadu State Volleyball Association - Tamil Nadu State Volleyball Association - Tamil Nadu State Volleyball Association - Tamil Nadu State Volleyball Association - Tamil Nadu State Volleyball Association - Tamil Nadu State Volleyball Association - Tamil Nadu State Volleyball Association - Tamil Nadu State Volleyball Association - Tamil Nadu State Volleyball Association - Tamil Nadu State Volleyball Association - Tamil Nadu State Volleyball Association - Tamil Nadu State Volleyball Association - Tamil Nadu State Volleyball Association - Tamil Nadu State Volleyball Association
Fact of the Case:
The court considered applications related to the management of the Tamil Nadu State Volleyball Association, including interim injunctions and the appointment of an interim administrator. The court also addressed the selection of players for various volleyball tournaments.
Finding of the Court:
The court appointed a former judge as an Election Officer to conduct elections for the administration of the Tamil Nadu Volleyball Association for the next four years. Additionally, the court constituted a temporary selection committee for selecting players for specific volleyball tournaments.
Issues: Interim injunction, appointment of interim administrator, selection of players for volleyball tournaments, election for the administration of the Tamil Nadu Volleyball Association.
Ratio Decidendi: The court's decision was based on the need to address the management and administration of the Tamil Nadu State Volleyball Association, including the appointment of an Election Officer and a temporary selection committee.
Final Decision: The court appointed a former judge as an Election Officer to conduct elections for the administration of the Tamil Nadu Volleyball Association for the next four years and constituted a temporary selection committee for selecting players for specific volleyball tournaments.
R. SURESH KUMAR, J.
1. The prayer made in O.A.No.105 of 2019 reads thus :
"Why this Hon'ble Court should not be pleased to grant an order of interim injunction restraining the third respondent Adhoc Committee allegedly appointed in the AGM, dated 3.12.2018 from in any manner managing or interfering with the management of the Tamil Nadu State Volleyball Association, pending disposal of the arbitration proceedings?"
2. Subsequently, A.No.930 of 2019 was filed by the very same Original Applicant with the following prayer :
"Why this Hon'ble Court should not be pleased to appoint a former Judge of this Hon'ble Court as interim administrator for administering the day-today affairs of the first respondent association and conducting tournaments in order to protect the interest of sport of Volleyball in the State of Tamil Nadu pending disposal of the arbitration proceedings ?"
3. In the Original Application No.105 of 2019 as well as in A.No.930 of 2019, this Court by order, dated 01.02.2019 passed an interim order directing the respondents therein not to precipitate the matter.
4. Subsequently, when O.A.No.105 of 2019 and A.No.930 of 2019 came up for hearing before this Court, after hearing the learned respective counsel appearing for the parties, this Court on 20.02.2019 passed the following order :
"7. Be that as it may, since there has been already an order of this Court not to precipitate the matter, the Adhoc Committee or other respondents shall not in any way take any decision to conduct any fresh tournament or match or any meeting until further orders. But this order shall not any way affect the ongoing tournament, which commenced on 16.02.2019 and it will go up to 22.02.2019.
8. Post the matter on 26.02.2019. On that day, whether counter is filed or not by the respondents, the matter will be taken up for hearing and based on the available records suitable orders would be passed in this application. It is made clear that the restriction made herein restraining the respondents from conducting any tournament, meeting and other affairs of the association until further orders would mean that, the tournament/matches pertaining to the game of Volley Ball, where the role of the Tamil Nadu Volley Ball Association including the Adhoc Committee as well as the office bearers, members of the Tamil Nadu Volley Ball Association in their official capacity is involved and in that case, the restriction would apply to all the respondents.
9. It is further made clear that, without the role of the Tamil Nadu Volley Ball Association, including the office bearers, Adhoc Committee and Members of the Association if any other forum, independently willing to conduct any tournament, this order of injunction will not bind them."
5. Subsequently, A.Nos.2217 and 2218 of 2019 were filed with the prayer to vacate the order passed by this Court, dated 01.02.2019.
6. O.A.No.105 of 2019 along with A.No.930 of 2019 and the vacate order applications, i.e., A.Nos.2217 and 2218 of 2019, all came to be heard on 04.04.2019 on the urgency raised by the parties to make interim arrangement with regard to the selection of players for U-14 on behalf of Tamil Nadu to participate in the mini Volleyball Tournament for U-14 and interim order was passed on 04.04.2019 to the following effect :
"8 (i) That the following four members, i.e., Mr.A.Kannan, Mr.K.T.Lakshmi Narayanan, Mr.Raja and Mr.Chandrasekhar, shall constitute a Temporary Selection Committee for selecting the players U-14 for the Tournament called “27th National Volleyball Championship, for boys and girls”, to be held between 21.04.2019 and 26.04.2019 or any other subsequent date or dates.
(ii) The Temporary Selection committee shall ensure that, all the eligible players from all the Districts of Tamil Nadu as forwarded/recommended/registered through the respective District Bodies are permitted to take part in the selection process [trial run]. Accordingly, the final selection of the players for the team for both boys