2016 Supreme(P&H) 1578
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RAMESHWAR SINGH MALIK, J.
Prabhjot Kaur Bajwa - Petitioner
Versus
Union of India and others - Respondents
CWP Nos. 3765, 5038, 7564 of 2016 (O&M)
Decided On : 26-8-2016
For the Petitioners:Mr. Girish Agnihotri, Sr. Advocate with Ms. Saroj Makkar, Advocate.
For the Respondent:Mr. Vivek Singla, Advocate Mr. K.S. Khehar, Advocate Mr. Gitish Bhardwaj, Advocate Ms. Monika Chhiber Sharma, DAG, Punjab Ms. Supriya Garg, Advocate for Mr. Aditya Singh, Advocate.
The court emphasized the need for effective control and regulation of sports federations receiving financial assistance from the Ministry of Sports and Youth Welfare, Government of India, and referred the matter to the Indian Olympic Association for resolution as per the clauses of the Constitution of Gymnastic Federation of India.
Headnote:
Gymnastic Federation of India - Dispute Resolution - Constitution of Gymnastics Federation of India, para 27(iii) and (iv) - The court referred the matter to the Indian Olympic Association for resolution of the dispute as per the clauses (iii) and (iv) of the Constitution of Gymnastic Federation of India, and directed the Ministry of Sports and Youth Welfare, Government of India, to monitor the progress and put in place regulations/guidelines for effective control of sports federations receiving financial assistance.
Fact of the Case:
The court addressed the dispute between rival factions of the Gymnastic Federation of India regarding the holding of the 24th Rhythmic Gymnastics National Championship and other events, and the suspension of the General Secretary, Dr. S. Shanti Kumar Singh. The court's previous orders to resolve the tussle were not successful, leading to allegations and counter-allegations between the factions.
Finding of the Court:
The court found that the matter should be referred to the Indian Olympic Association for resolution as per the clauses of the Constitution of Gymnastic Federation of India, and directed the Ministry of Sports and Youth Welfare, Government of India, to monitor the progress and put in place regulations/guidelines for effective control of sports federations receiving financial assistance.
Issues: The main issue was the dispute between rival factions of the Gymnastic Federation of India regarding the holding of the 24th Rhythmic Gymnastics National Championship and other events, and the suspension of the General Secretary, Dr. S. Shanti Kumar Singh.
Ratio Decidendi: The court decided to refer the matter to the Indian Olympic Association for resolution as per the clauses of the Constitution of Gymnastic Federation of India, and directed the Ministry of Sports and Youth Welfare, Government of India, to monitor the progress and put in place regulations/guidelines for effective control of sports federations receiving financial assistance.
Final Decision: The court referred the matter to the Indian Olympic Association for resolution as per the clauses of the Constitution of Gymnastic Federation of India, and directed the Ministry of Sports and Youth Welfare, Government of India, to monitor the progress and put in place regulations/guidelines for effective control of sports federations receiving financial assistance.
RAMESHWAR SINGH MALIK, J.
1. These three identical writ petitions bearing CWP Nos. 3765, 5038 and 7564 of 2016, are being disposed of vide this common order, as the issues involved therein are overlapping and learned counsel for the parties agree for disposal by this common order.
2. When these matters came up for hearing before this Court on 6.6.2016, following order was passed:-
“This order is in continuation of the orders dated 02.03.2016 and 30.03.2016 passed by this Court. Two rival factions of Federation of India have ventured to hold 24th Rhythmic Gymnastics National Championship' at different places. Both the factions claimed themselves to be the authorised faction of the Federation. Owing to the holding of championship, at one point of time, it was thought appropriate that some senior officer from the Ministry of Sports and Youth Welfare, India be directed to hold a joint meeting of all the factions so as to decide the issue amicably in the context of holding 24th Rhythmic Gymnastics National Championship' as a common event.
Concededly, election of office bearers of the Federation took place on 12.08.2015 and the same is not in issue in the present writ petitions. In addition to the aforesaid Championship, other events were also sought to be held by the rival factions on different dates.
In considered opinion of this Court, the orders were passed on 02.03.2016 and 30.03.2016 with a view to resolve impending tussle between the rival factions of the Federation. This Court was of the view that two events under the same title cannot be permitted to be held separately by the rival factions. Restraint order was passed that none of the factions of the Federation will hold 24th Rhythmic Gymnastics National Championship' and other events. Thereafter on consensual basis the Secretary, Ministry of Sports and Youth Welfare, India was directed to hold joint meeting of all factions or to appoint some senior officer preferably of the Joint Secretary on his behalf in order to take decision in respect of fixing of date and venue of holding meeting of all the constituent members of the Federation. It appears that on the date fixed for meeting, one of the faction raised objection with regard to participation of Dr. S.Shanti Kumar Singh, General Secretary, Gymnastic Federation of India in the meeting held on 21.04.2016 in the office of General Secretary, Gymnastic Federation of India. The meeting could not bring out the required result. Now both the parties are ad idem that a general body meeting of the Gymnastic Federation of India be ordered to be held under the supervision of Secretary, Ministry of Sports and Youth Welfare, India after giving requisite notice to all the constituent members of the Federation. The issue with regard to holding of different Championships/Events be debated and every endeavour be made to harmonise the impending tussle going on between the factions of the Federation. The issue of suspension of Dr. S. Shanti Kumar Singh, General Secretary be also debated in the meeting of the constituent members so convened under the supervision of the Secretary, Ministry of Sports and Youth Welfare, India. This Court is quite hopeful that the meeting shall be held in a congenial atmosphere and outcome of the meeting be intimated way of an affidavit to this Court by the next date of hearing. The Secretary, Ministry of Sports and Youth Welfare, India would be at liberty to submit report in connection with any other issue which according to him also touches the core issue, of course, after proper debate in the meeting.
Adjourned to 12.07.2016.”
3. No desired result came out of the meeting held in compliance of above-said order. Allegations and counter-allegations against each other were being levelled by both the fighting factions. Thereafter, on 12.7.2016, on the joint request made by the learned counsel for the parties, case was adjourned by passing the following order:-
“Learned counsel for the parties jointly pray for a s