[2023/RJJP/000566]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

D.B. Special Appeal Writ No. 967/2021

1.

Ummed Singh, Residing At Pushkar Vyayamshala, Bagad,

District Jhunjhunu.

2.

Nanu Singh, Residing At Village Patwari Ka Bas, Tehsil

Srimadhopur, District Sikar.

3.

Nasib Singh, Residing At Rajni Vihar, Ajmer Road, Jaipur.

----Appellants

Versus

1.

Rajasthan Wrestling Association, Through Its President

I.k. Dutta Son Of Late Shri K.l. Dutta, Aged About 75

Years, Having Its Office At Plot No. 3, Janakpuri-Ii

Extension, Imli Phatak, Jaipur.

2.

Wrestling Federation Of India, Through Its Secretary

General 21, Ashok Marg, New Delhi.

3.

Brijbhushan Sharan Singh, President, Wrestling

Federation Of India, 21, Ashok Marg, New Delhi.

4.

V.n. Prasood Son Of Shri Narayan Nair, Secretary General,

Wrestling Federation Of India, 21, Ashoka Marg, New

Delhi.

5.

Shri Chandra Pratap Singh, Singh Ghar House, Thetri

House, Opposite Saroj Cinema, Chandpole Bazar, Jaipur

(Ex-President, Rajasthan Wrestling Association).

6.

Registrar Cooperative Society, Nehru Sahkar Bhawan, 22,

Godam Circle, Jaipur.

7.

Rajasthan State Sports Council, Through Its Secretary,

Sms Stadium, Jaipur.

----Respondents

For Appellant(s)

:

Mr. Sanjay Rahar

For Respondent(s)

:

Mr. Peush Nag

Mr. Abhinav Surollia on behalf of

Mr. Ashish Surollia

HON'BLE THE CHIEF JUSTICE MR. PANKAJ MITHAL

HON'BLE MRS. JUSTICE SHUBHA MEHTA

Judgment

25/01/2023

1.

Heard Mr. Sanjay Rahar, learned counsel for the appellants,

Mr. Peush Nag, learned counsel for respondent No.1-Rajasthan

Wrestling Association and Mr. Abhinav Surollia, vice Mr. Ashish

Surollia learned counsel for respondent No.7-Rajasthan State

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Sports Council. Service of notice upon respondent Nos.2 to 6 was

dispensed with by earlier order of this Court.

2.

The appellants herein have preferred this intra court appeal

against the judgment and order dated 22.10.2021 by which the

writ petition filed by respondent No.1 was disposed of with the

direction to the Registrar, Cooperative Societies to hold an enquiry

as provided under Section 23 of the Rajasthan Sports

(Registration, Recognition and Regulation of Associations) Act,

2005 (for short, ‘the Act of 2005’) within a time bound period by a

speaking order.

3.

The submissions of learned counsel for the appellants is that

the Writ court could not have issued any direction for an enquiry

by the Registrar, Cooperative Societies as the dispute of the

elections of the office bearers of the Association can be called into

question by taking recourse to Section 16 of the Act of 2005 which

provides for the remedy of conciliation and arbitration.

4.

On the other hand, the submission of learned counsel for the

respondents is that where the elections of the Associations are not

held in accordance with law, the Registrar, Cooperative Societies is

empowered to hold an enquiry and to pass the necessary order

which is also amenable to appeal under Section 35 of the Act of

2005.

5.

There is no dispute to the fact between the parties that the

elections to the post of office bearers of the Association i.e.

Rajasthan Wrestling Association are required to be held in

accordance with the provisions of the aforesaid Act.

6.

Section 16 of the Act of 2005 clearly provides that, if any

dispute arises touching the constitution, management activities,

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election or claim to affiliation of any Sports Association, the same

shall be resolved through conciliation and arbitration. It further

provides that the Arbitration and Conciliation Act, 1996 (for shot,

‘the Act of 1996’) as amended from time to time, shall apply for

the purposes of conciliation and arbitration proceedings referred to

above.

7.

Section 16 of the Act of 2005 is reproduced herein below:-

“16. Conciliation and Arbitration.- (1) If any

dispute arise