JUDGEMENT

MANMOHAN, ACJ: (ORAL) CM APPLs. 16659/2024, 16660/2024 (for exemption) Allowed, subject to all just exceptions.

Accordingly, the present applications stand disposed of.

W.P.(C) 4076/2024 & CM APPL. 16658/2024

1. Present writ petition has been filed under Article 226 of the Constitution of India as a Public Interest Litigation (‘PIL’) seeking following directions.

“A. Admit this Writ Petition and issue RULE NISI calling upon respondent no.1 (AFI) and other concerned respondents as to why they circumvented to take effective steps against the Respondent no.6

(Adille J. Sumariwalla) and his caucus who have fraudulently usurped the management of AFI with the use of false information and forged documents, without any fair democratic process and in complete defiance of the directions of the government and courts.

B. Issue a writ of Mandamus or any other writ, order, direction to declare election of office bearers and executive council members of respondent no.4 (AFI) including election of Respondent no.6 (Adille J. Sumariwalla) held on 31.10.2020 as null and void on account of defective/ illegal voter list and list of contesting candidates used in the said elections.

C. Issue a writ of mandamus or any other writ, order, direction for initiating suitable legal recourse including criminal prosecution against the Respondent no.6 pursuant to the offences of cheating by false personation, forgery of valuable security and using forged documents as genuine one committed by him against the national interest of athletics and sports.

D. Issue a writ of mandamus or any other writ, order, direction for ensuring free and fair organizational elections of respondent no.4

(AFI) in accordance with the Sports Code, Governments Guidelines and Court Directions.

E. Call for records of respondent no.4 (AFI) related to all the lists of office bearers and list of executive committee/ council members since 2008 till date.

F. Appoint commission/ committee for scrutinizing bona fide members of Respondent no.4 (AFI) with voting rights in view of the Sports Code, Governments Guidelines and Court Directions.

G. Pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.”

2. In the writ petition, the Petitioner has asserted that he is a NIS approved Coach and the present PIL has been filed by him as the affected persons such as Athletes, Coaches and their admirers are numerous in number and they are not organized to the extent that they may collectively pursue their personal interest in the matters related to good governance of Athletics.

3. Learned counsel for the Respondent No. 4, who appears on advance notice states that he has a preliminary objection to the maintainability of the present petition. He states that the petitioner fails to disclose the filing and pendency of W.P.(C) 14795/2022 titled ‘Pune District Athletic Association v. Union of India & Others’ for identical reliefs and on similar grounds. He states that the language of both petitions and the reliefs sought therein are identical. He states that the same advocate drafted and filed both the petitions. However, the pendency of the W.P.(C) 14795/2022 has not been disclosed. He states that the W.P.(C) 14795/2022 is listed before the learned Single Judge for hearing today. He has handed over an entire paper-book of W.P.(C) 14795/2022. He seeks the dismissal of the present petition and relies upon the judgment of Supreme Court of India in State of Jharkhand v. Shiv Shankar Sharma and Others1. 3.1. He states that the present writ petition is defective inasmuch as it has been drawn up on 14th March, 2024; enclosed Annexures which are dated 27th February, 2024 but is supported by an affidavit of the Petitioner affirmed on 19th January, 2024.

4. In response, learned counsel for the Petitioner fairly admits that W.P.(C) 14795/2022 has been filed by him as an advocate and contains overlapping reliefs. He states h