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2024 Supreme(Online)(AP) 21064

HIGH COURT OF ANDHRA PRADESH
DR. K. MANMADHA RAO, J
Andhra Pradesh Football Association, Rep By its President Kosaraju Gopala Krishna – Appellant
Versus
Union of India, Rep by its the Ministry of Youth Affairs and Sports – Respondent
Writ Petition No: 10297 of 2023 | Writ Petition Nos. 13152 of 2022, 8158, 10297 and 13268 of 2023



Advocates:
For the Appellants/Petitioners: GHANTA SRIDHAR
For the Respondents: P. Durga Prasad

The court held that the electoral processes of private associations must adhere to principles of natural justice, but internal disputes generally do not warrant judicial intervention unless significant rights are violated.

Headnote:(A) Constitution of India - Article 226 - Writ Petitions concerning the Andhra Pradesh Football Association - Resolutions and electoral processes challenged as illegal and arbitrary - Allegations of violation of natural justice and procedural norms - The legitimacy of the respondent's interference in affairs of the APFA was scrutinized. (Paras 2, 26)

(B) Natural Justice - Principle of fair hearing must be adhered to in the conduct of elections to the association’s executive body. (Para 7)

(C) Scope of Judicial Review - High Court's review power under Article 226 is to ensure that disputes related to private associations adhere to public law principles, particularly in sports governance. (Para 26)

Facts of the case:
Multiple writ petitions were filed by members of Andhra Pradesh Football Association challenging the validity of elections and the voter eligibility list, asserting that external individuals were included improperly. The petitions allege that their rights to participate were infringed upon and request relief for a fair electoral process.

Findings of Court:
The court found no merit in the petitions, emphasizing that the electoral process had been conducted appropriately and no violations of rights could be established by the petitioners.

Issues: Mainly focused on the legality and scope of electoral mechanisms within the association as well as challenges to the authority of governing bodies in exercising jurisdiction.

Ratio Decidendi: The court determined that actions by the governing bodies followed proper protocol, asserting that the election processes were legitimate and rejecting claims of arbitrary conduct. It affirmed the principle that internal disputes within private associations typically do not fall within the purview of Article 226 unless significant rights are infringed.

Result: Writ petitions dismissed.

Table of Content
1. initial case introduction and parties involved. (Para 1)
2. petitioners' allegations regarding electoral process. (Para 3 , 4 , 5 , 6)
3. counsels articulate respective positions. (Para 7 , 8 , 9 , 10)
4. court's observations on electoral legitimacy. (Para 14 , 15 , 16 , 17)
5. judicial references to precedents. (Para 18 , 19 , 20 , 22 , 23 , 24)
6. determination of no merit in claims. (Para 25)
7. dismissal of writ petitions and order. (Para 26 , 27)

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. Precise case of the petitioner i

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