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2023 Supreme(Online)(Ker) 74171

IN THE HIGH COURT OF KERALA
X, J
Hockey Players – Appellant
Versus
Kerala Sports Council – Respondent
W.P.(C) No.31063/2022 | W.P.(C) No.37508/2023 | W.P.(C) No.37582/2023 | W.P.(C) No.34913/2023



Advocates:
Sri.S.Sreekumar, Sri.Sachin Jacob Ambat
Dr.K.P.Satheesan, Sri.P.Mohandas
Smt.Latha Anand
Sri.R.Lakshmi Narayan
Sri.Thomas Abraham
Sri.Santhan V.Nair
Sri.T.G.Sunil

The court upheld the validity of the Provisional Selection List by 'Kerala Hockey' while permitting the Sports Council to conduct an inquiry into the elections held under the National Sports Code.

Headnote:(A) National Sports Code, 2011 - Kerala Sports Act, 2000 - Writ petitions concerning legality of elections and player selections for 'Kerala Hockey' - Petitioners alleged that elections were illegal due to unqualified candidates - Court's obligation to conduct hearings on such claims - Impugned elections found valid pending inquiry; Provisional Selection List by 'Kerala Hockey' upheld for National Championship - Fresh elections and player selection process validly reassured. (Paras 2, 9, 28, 32)

(B) Legal Status of Associations - Affiliations not canceled pending investigations; 'Hockey India' and 'Kerala Hockey' recognized as valid - Court emphasized need for timely actions by regulatory bodies to prevent disputes. (Paras 25, 29)

Table of Content
1. voting eligibility and election legality in 'kerala hockey'. (Para 1 , 2 , 4)
2. authority and timelines for inquiry by regulatory bodies. (Para 9 , 10 , 25)
3. validity of actions taken during pending inquiries and approvals. (Para 27 , 28 , 30)
4. outcome of writ petitions regarding team selection for the national championship. (Para 33)

1. All the afore writ petitions are being disposed of together in this judgment because, the factual circumstances presented therein and the reliefs sought for, are interconnected and inter - layered.

2. Among the writ petitions above, W.P.(C) No.31063/2022 has been filed by two hockey players of eminence, and who are stated to be members of the Electoral Roll of "Kerala Hockey". They concede that the elections to "Kerala Hockey" were conducted on 15.05.2022 and that it was overseen by an Observer deputed by the Kerala Sports Council ("Sports Council" for short). They, however, allege that the said elections were illegal because, respondents 6 and 7 in the aforementioned writ petition are unqualified under the National Sports Code , 2011 ('Sports Code' for short) for even having contested in the elections, much less having been selected; and that this has been so reported by the Observer to the "Sports Council". The petitioners, therefore, pray that this Court declare that respondents 6 and 7 are not qualified to represent "Kerala Hockey"; with a consequential direction sought against the first respondent - Union of India, not to proceed with nomination submitted by the said respondents so as to enable them to contest for the post of Executive Committee members of the fourth respondent - "Hockey India". They also seek that the Electoral College, namely Ext.P7 in the afore writ petition, to the extent to which it includes respondents 6 and 7, be quashed; and that denovo elections be conducted for "Kerala Hockey".

3. Before I proceed to narrate the facts involved in the other cases, a brief look through certain events that happened after the filing of W.P.(C) No.31063/2022 will be required.

4. It transpires that the "Kerala Hockey" conducted a State Championship in June, 2023, in order to identify players to represent the Kerala State in the National Games scheduled in November, 2023; and prepared a list of those who had been provisionally selected for the same. The said list is dated 27.06.2023, which will hereinafter be referred to as the 'Provisional Selection List'. However, on the allegation that the "Kerala Hockey" did not conduct any training for the so selected players - but without saying so explicitly - the 'Sports Council' issued a proceeding dated 06.11.2023 to all the District Sports Councils, intimating them that a fresh championship will be conducted to select candidates for the National Championship, to be held on November 12th and 13th of 2023. It is admitted that this was done and that a fresh list has been prepared by the said Council, dated 07.11.2023; which list will hereinafter be referred to as the "Sport Council List".

5. The afore led to W.P.(C) No.37508/2022 being filed by "Kerala Hockey" impugning the actions of the "Sports Council" as afore; and praying that the proceedings issued by them dated 06.11.2023 and the subsequent list prepared by them, be declared to be illegal and unlawful.

6. With prayers which are corollary to the ones sought in W.P.(C) No.37508/2022, certain players, who are included in the 'Provisional Selection List' have filed W.P.(C) No.37582/2023, asserting that, after the preparation of the said list, a further championship was conducted by "Kerala Hockey", to finalise the team for the National Championship and that they are included therein. They thus pray that the team so selected, be allowed to participate in the National Championship; with an adscititious plea that the proceedings of the 'Sports Council' dated 06.11.2023 and the subsequent "Sport Council List" be quashed.

7. While so, two players who participated in the State Cham


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