The Writ Petition's maintainability under Article 12 of the Constitution of India depends on the disclosure of material facts, public importance and following of the subject matter, and the joinder of necessary parties.

JUDGMENT

(Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus as against the respondent, directing the first respondent to declare the election conducted by the fourth respondent to the petitioner Association vide its election notification dated 24.05.2022 as null and void, and forbear the fourth respondent from interfering in the affairs and management of the petitioner association.)

This Writ Petition has been filed for a mandamus seeking for a direction to the first respondent to declare the election conducted by the fourth respondent to the petitioner Association, vide election Notification, dated 24.05.2022 as null and void and to forbear the fourth respondent from interfering in the affairs and management of the petitioner Association.

2. The petitioner claims that he is the Secretary of the petitioner Association, who has been duly elected, and his tenure comes to an end on 09.06.2022. According to the petitioner, the fourth respondent, who is the National Body, does not have any power to conduct elections on behalf of the Tamil Nadu Wushu Association. According to the petitioner, the Tamil Nadu Wushu Association has its own by-laws and therefore only in accordance with the said by-laws, the election will have to be conducted. Therefore, the election notification issued by the fourth respondent calling for holding elections for the Tamil Nadu Wushu Association, as per the notification dated 24.05.2022 has to be declared as null and void.

3. At the outset, this Court raised a question to the learned counsel for the petitioner as to how this Writ Petition is maintainable, since the petitioner is a Society registered under the Societies Registration Act and will not fall under the definition of State as per Article 12 of the Constitution of India.

4. The learned counsel for the petitioner relied upon the judgment of the Hon-ble Supreme Court in the case of Board of Control for Cricket in India and Another vs. Cricket Association of Bihar and Others reported in CDJ 2015 SC 059 and in particular, referred to paragraph No.26 therein and would submit that since the Association is regulated by the Central Government and is getting funds from the Central Government, it is a State falling within the purview of Article 12 of the Constitution of India. He would submit that in the aforesaid decision of the Hon’ble Supreme Court, the decision rendered in Pradeep Kumar Biswas vs. Indian Institute of Chemcial Biology and others reported in (2002) 5 SCC 111 was also followed. He would further submit that when the Board of Control for Cricket in India is also registered under the Societies Registration Act and when the Hon-ble Supreme Court has held it to be a State following Article 12 of the Constitution of India, the fourth respondent Association is on par with the Board of Control for Cricket in India as they have also been registered under the Societies Registration Act and are getting funds from the Government. Therefore, according to him, the present Writ Petition is maintainable.

5. However, Mr.V.Raghavachari, learned Senior Counsel appearing for Mr.R.Venkatesh, learned counsel for the fourth respondent would submit that insofar as the sport of Wushu is concerned, the public at large are not aware of the said sport. He would rely upon the judgment of the Hon-ble Supreme Court in the case of Pradeep Kumar Biswas vs. Indian Institute of Chemical Biology and others in Civil Appeal No.992 of 2002 dated 16.04.2022 and in particular, he would refer to paragraph 12(ii) and submit that the sport of Wushu is not of public importance and not fundamental to the right of the people, hence, the fourth respondent Association cannot be treated as a State for the purpose of Article 12 of the Constitution of India. He would also submit that the petitioner on earlier occasions had approached the Civil Courts to redress his grievances with regard to the functioning of the Association and ther