Competency of the General Secretary in organizational elections must align with established bylaws; interim arrangements can be made pending internal dispute resolutions.

Sathish Ninan, J.

This intra court appeal is at the instance of the writ petitioners, being aggrieved by certain direction in the impugned judgment. For the sake of convenience the parties are hereinafter referred to as per their status in the writ petition.

2. The first petitioner is Kerala Wushu Association (KWA)

represented by its General Secretary. The second petitioner is the General Secretary. The first respondent is the Union represented by the Secretary for Ministry of Youth Affairs and Sports. The second respondent is the Wushu Association of India (WAI) and the third respondent is the Kerala state Sports Council. The first petitioner is affiliated to respondents 2 and 3. The challenge in the writ petition was against Ext.P7 order issued by the second respondent directing dissolution of the Executive Committee of the first petitioner.

3. Ext.P7 was preceded by Ext.P2 communication dated

18.09.2022 from the second respondent directing dissolution of the committee of the first petitioner. The same was challenged before this Court, and in W.A. No.1205/2023 wherein this Court directed that Ext.P2 communication be treated as notice, and granted time to the first petitioner to file reply to the same. The second respondent to take fresh decision after affording an opportunity of hearing to the first petitioner. It is pursuant thereto that a fresh decision was taken and Ext.P7 issued. Ext.P7 confirmed the direction in Ext.P2 to dissolve executive committee of the first petitioner.

4. As per the impugned judgment, the challenge against Ext.P7 was allowed. Ext.P7 order was set aside. It was held that the right of the respondents 2 and 3 to disaffiliate/derecognise the first petitioner was left open. There is a further direction in the judgment thus:-

“Respondents 2 and 3 will be free to make any interim arrangement for conduct of State Level and District level competitions...”.

5. It is aggrieved by such direction that the writ petitioners are in appeal. There is no challenge against the judgment by any other parties.

6. We have heard learned counsel on either side.

7. The first petitioner/first appellant is a society registered under the Societies Registration Act . The first petitioner is affiliated to the second and third respondents. Ext.R2(e) is the Memorandum of Association and the rules and regulations of the second respondent. Article 18 of Ext.R2(e) deals with, affiliation of State Associations. Article 18(vi) mandates the State Associations to hold election to its committee once in four years. Elections are to be held in the presence of the observers of the second respondent. There are also provisions for appeal with regard to the election and also for resolution of disputes. The relevant clauses in Ext.R2(e) read thus: -

Article 18 State, Union Territory Associations “VI The affilitated State Associations shall hold elections once in four years to elect the Committee.

VII. Notification indicating venue, date and time for elections should be intimated by the affiliated State Associations to the WAI Secretariat 15 days before the elections. The list of authorised representatives shall also be forwarded to WAI. Only the authorised representatives of the District Associations constituted as per WAI approved constitution, shall be allowed to attend and cast vote.

VIII. To ensure free and fair elections the WAI shall depute observers to the elections of office bearers of all affiliated State Associations. All the records must be placed before the returning officer as well as the WAI Observer deputed by WAI.

IX. Elections held by affiliated State associations without intimation to WAI a