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2024 Supreme(Online)(AP) 21049

HIGH COURT OF ANDHRA PRADESH
K. MANMADHA RAO, J
MODU GANESH RAO – Appellant
Versus
The Union of India – Respondent
Writ Petition No: 13268 of 2023|Writ Petition No.13152 of 2022|Writ Petition No.8158 of 2023|Writ Petition No.10297 of 2023



Advocates:
For the Appellants/Petitioners: G R SUDHAKAR
For the Respondents: Y V ANIL KUMAR (CENTRAL GOVERNMENT COUNSEL)

Writ petitions against election processes of a sports association were dismissed as petitioners failed to show rights infringement; lawful election proceedings did not breach natural justice principles.

Headnote:(A) Constitution of India - Article 226 - Writ of Mandamus - The Petitions filed challenged the legality of actions related to the Andhra Pradesh Football Association elections, alleging interference and violations of natural justice and constitutional provisions. The court determined that there was no merit in the petitions as elections had been conducted lawfully and petitioners failed to demonstrate any infringement of rights. (Paras 24, 26)

(B) Natural Justice - It was noted that appropriate procedures were followed in finalizing the voter list and conducting the elections, dismissing claims of irregularity and arbitrary actions by the respondents. (Paras 10, 26)

(C) Election Process - The Court held that the petitioners aimed to disrupt a legitimate election process without substantive evidence of their claims, reiterating the need for adherence to statutory norms in such associations. (Paras 24, 26)

Table of Content
1. jurisdiction of court in electoral matters of associations. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. arguments concerning the rights of members in association elections. (Para 7 , 12 , 13)
3. analysis of obligations and procedures in sports association elections. (Para 8 , 9 , 10 , 11 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 22 , 23)
4. injunction against interference in election processes without merit. (Para 24 , 26)
5. dismissal of writ petitions. (Para 27)

The Court made the following: ORDER

THE HON’BLE DR. JUSTICE K. MANMADHA RAO WRIT PETITION Nos. 13152 of 2022, 8158, 10297 and 13268 of 2023 COMMON ORDER:

Writ Petition No.13152 of 2022 is filed under Article 226 of the Constitution of India “to issue a Writ or Order or Direction more particularly one in the nature of Writ of Mandamus declaring the alleged resolution vide Lr.No.03/Arl/2022, dated 11.04.2022, issued by the Respondent No. 8, as illegal, arbitrary, against Rules and Regulations as well as violation of principles of natural justice and Articles 14, 19 and 21 of Constitution of India and consequentially direct Respondent No. 8 not to interfere in to affairs of Andhra Pradesh Football Association (APFA) and pass such other and further orders”.

Writ Petition No.8158 of 2023 is filed under Article 226 of the Constitution of India “to issue a Writ or Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in attempting to include the names of the outsides, who are not members of the Andhra Pradesh Foot Ball Association as voters as arbitrary, illegal and without jurisdiction and consequently direct the respondents not to include the persons, who are not members of the Andhra Pradesh Foot Ball Association as voters and not to permit them to vote and pass such other and further orders”.

Writ Petition No.10297 of 2023 is filed under Article 226 of the Constitution of India “to issue a Writ or Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th and 5th respondents proposing to conduct the elections to the 1st petitioner association without including the names of the members of the petitioner association in the voters list and by including the names of outsides who are not members of 1st petitioner association and without considering the objections raised by the petitioners as arbitrary, illegal and without jurisdiction and ultra vires to the powers of the said respondents and contrary to the well settled principles of natural justice and pass such other and further orders”.

Writ Petition No.13268 of 2023 is filed under Article 226 of the Constitution of India “to issue a Writ or Order or Direction more particularly one in the nature of Writ of Mandamus declaring the Notification dated 18.04.2023 for election 2023 for Office Bearers and Executive Members of the Association as illegal, arbitrary and violative of Article 14 and 21 of the Constitution of India and the byelaws of the Association vide Reg.No.963/2019, dated 29.11.2019 and consequently set aside the same and pass such other and further orders”.

2. Since the issue involved in the Writ Petitions is the same, this Court feels it appropriate to dispose of them through this Common Order.

3. The precise case of the petitioner in W.P.No.13152 of 2022 is that he is the President of Andhra Pradesh Foot Ball Association (in short ‘APFA’) as per the Rules and Regulations issued by the 3rd respondent and he was elected as President on 22.05.2019 for four years. 8th respondent is no way concerned with the affairs of ‘APFA’, but he interfered in the affairs of the ÁPFA’ and he called the General Body meeting on 11.04.2022. 4th respondent has addressed a letter dated 27.04.2022 to 8th respondent alleging that 8th respondent has conducted elections in an unauthorized manner. Therefore, this Writ Petition came to be filed questioning the inaction of the respondents in passing the resolution dated 11.04.2022.

4. Prec

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