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2022 Supreme(Online)(KER) 38203
HIGH COURT OF KERALA
V. G. Arun, J
ERNAKULAM DISTRICT CYCLING ASSOCIATION – Appellant
Versus
THE KERALA STATE SPORTS COUNCIL – Respondent
WP(C)/22280/2022
R.RENJITH, M.T.SURESHKUMAR, MANJUSHA K, SREELAKSHMI, SABU CHRISTEENA, P GEORGE
The court upheld that only recognized associations are entitled to conduct District Cycling Championships and emphasized adherence to registration conditions to facilitate annual sporting events.
Headnote:
Sports - District Cycling Championship - Kerala Sports Council Grant-in-Aid Regulations - Sections 56B - The court directed the third respondent to conduct the District Cycling Championships for the Ernakulam District as mandated by sports regulations, citing the necessity for registered associations to conduct championships annually.
Fact of the Case:
The petitioner, a registered cycling association, sought recognition as the District Cycling Association and claimed that an unregistered association was wrongfully attempting to gain such recognition. Following delays by the respondents in addressing this concern, the petitioner filed a writ petition for mandamus to conduct the District Championships.
Finding of the Court:
The court acknowledged the necessity of conducting the District Cycling Championship under the appropriate regulations and determined that the third respondent must hold the championship due to the petitioner's lack of recognition as a competent association.
Issues: Whether the recognized association is obligated to permit the petitioner to conduct the District Cycling Championship, or if the third respondent is required to do so directly.
Ratio Decidendi: The court ruled based on Rule 56B of the Kerala Sports Rules, mandating annual championships for affiliated associations, reinforcing the need for structured sporting events to enable participation at higher levels.
Final Decision: The third respondent shall conduct the Ernakulam District Cycling Championships within one month.
JUDGMENT
Petitioner is an Association registered under the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act , with the objective of propagating and promoting cycling as a sports event and also as a healthy lifestyle. The petitioner claims to be the only registered cycling association in Ernakulam and thereby entitled to be recognised as the District Cycling Association by the Sports Council/first respondent and the Ernakulam District Sports Council/second respondent. The pleadings reveal that the petitioner has filed a civil suit before the Munsiff’s Court, Ernakulam alleging that another cycling association without registration is attempting to obtain recognition as the District Association for Ernakulam. Therein, Exhibit P2 interim injunction order has been issued, restraining the first defendant, a person named K.N.Sarath, from using the name of the petitioner association, or names that have similar meanings, for conducting sports events. After obtaining the injunction order, petitioner approached respondents 1 and 2 seeking action against fake cycling associations. Alleging delay on the part of respondents 1 and 2 in taking action, the petitioner filed W.P(C).no.7433 of 2022 and obtained Exhibit P4 judgment, directing consideration of petitioner’s representation. Accordingly, the representation was considered and Exhibit P5 issued, communication stating that the Kerala Cycling Association/third respondent had, as per its communication dated 17.2.2022, informed that the Cycling Association, Ernakulam and not the petitioner was the recognised association. Aggrieved, this writ petition is filed seeking the following reliefs;
“
i. issue a writ in the nature of mandamus commanding the 2nd respondent to conduct District Cycling Championship for Ernakulam District without any delay.
ii. issue a writ in the nature of mandamus commanding the 2nd respondent to permit the petitioner to conduct District Cycling Championship for Ernakulam District under its direct supervision and to take selected riders in the District championships to participate in the State Championships, in case the 2nd respondent is not willing to conduct the championship.”
2. Adv.R.Ranjith, learned Counsel for the petitioner contended that as per the provisions of the Kerala Sports Council Grant-in-Aid Regulations , 2013 the State and District Level Associations are bound to register under the Societies Registration Act, 1860 or under the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act . Only registered associations are entitled for affiliation with the State Association and recognition by the Sports Council. Petitioner being the only registered association in Ernakulam is liable to be granted affiliation and recognition by the respondents. It is alleged that, instead of granting affiliation and recognition to the registered association, the respondents are promoting an unregistered association, namely, the Kerala Cycling Association, Ernakulam (previously known as ‘Ernakulam District Cycling Association’). It is further contended that, going by the provisions of the Sports Act and Rules, as also the Kerala Sports Council Grant-in-Aid Regulations , the respondents are bound to conduct district championships every year through recognised district associations. It is submitted that unless the District Cycling Championship is held in time, cyclists from Ernakulam District will lose their opportunity to participate in the State and National Championships. Therefore it is highly essential to conduct the District Cycling Championship for Ernakulam immediately. Finally it is submitted that, being the only registered association in the District, the petitioner should be permitted to conduct the District Championship and if the respondents are not inclined to permit the petitioner to conduct the championship, then the respondents should conduct the championship without further delay.
3. Adv.Mohammad Khiyar Pasha
