2022 Supreme(P&H) 591

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Raj Mohan Singh, J.
Ritin Khanna & Ors. – Appellants
Versus
State Of Punjab & Ors. – Respondents
CWP No.22321 of 2020(O&M) with CWP No.21103 of 2020(O&M) with CWP No.4803 of 2020(O&M) with CWP No.1806 of 2020(O&M)
Decided On : 19-04-2022

The main legal point established in the judgment is that once the elections are held as per the directions issued by the High Court, the aggrieved party may resort to legal proceedings in accordance with the law after the declaration of the election results. The court directed the old office bearers to give way to the newly constituted Governing Body, which would take over the management and affairs of Punjab Badminton Association, rendering the need for an Ad-hoc Committee unnecessary.

Headnote:

Election - Punjab Badminton Association - Order 1 Rule 10(2) read with Section 151 CPC read with Article 226 of the Constitution of India and Rules 21 and 22 of writ jurisdiction (Punjab and Haryana) Rules, 1976 - 30.11.2020, 08.03.2019, 30.10.2020, 18.11.2020, 10.12.2020 - The court allowed the application under Order 1 Rule 10(2) and impleaded Ritin Khanna and Daya Shanker Kumaria as party respondents No.6 and 7 in the writ petition. The main cases involved various petitions seeking writs, orders, and directions related to the election of the Punjab Badminton Association. The court found that the tenure of the previous administration had expired, and elections were repeatedly postponed. The court noted that the elections were held as per the directions issued by the High Court and that the aggrieved party may resort to legal proceedings in accordance with the law after the declaration of the election results. The court directed the old office bearers to give way to the newly constituted Governing Body, which would take over the management and affairs of Punjab Badminton Association. The newly constituted Governing Body was directed to take charge over the affairs of Punjab Badminton Association, rendering the need for an Ad-hoc Committee unnecessary. The court also disposed of a petition related to the Masters Punjab State Badminton Championships 2019-20, as the championship had already been held.

Fact of the Case:

The case involved various petitions seeking writs, orders, and directions related to the election of the Punjab Badminton Association. The tenure of the previous administration had expired, and elections were repeatedly postponed. The court noted that the elections were held as per the directions issued by the High Court and that the aggrieved party may resort to legal proceedings in accordance with the law after the declaration of the election results.

Finding of the Court:

The court found that the elections were held as per the directions issued by the High Court and that the aggrieved party may resort to legal proceedings in accordance with the law after the declaration of the election results. The court directed the old office bearers to give way to the newly constituted Governing Body, which would take over the management and affairs of Punjab Badminton Association. The newly constituted Governing Body was directed to take charge over the affairs of Punjab Badminton Association, rendering the need for an Ad-hoc Committee unnecessary.

Issues: The main issues involved the validity of the election process, the expiration of the tenure of the previous administration, and the repeated postponement of elections.

Ratio Decidendi: The court held that the elections were held as per the directions issued by the High Court and that the aggrieved party may resort to legal proceedings in accordance with the law after the declaration of the election results. The court directed the old office bearers to give way to the newly constituted Governing Body, which would take over the management and affairs of Punjab Badminton Association. The newly constituted Governing Body was directed to take charge over the affairs of Punjab Badminton Association, rendering the need for an Ad-hoc Committee unnecessary.

Final Decision: The court allowed the application under Order 1 Rule 10(2) and impleaded Ritin Khanna and Daya Shanker Kumaria as party respondents No.6 and 7 in the writ petition. The court directed the old office bearers to give way to the newly constituted Governing Body, which would take over the management and affairs of Punjab Badminton Association. The newly constituted Governing Body was directed to take charge over the affairs of Punjab Badminton Association, rendering the need for an Ad-hoc Committee unnecessary. The court also disposed of a petition related to the Masters Punjab State Badminton Championships 2019-20, as the championship had already been held.