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2025 Supreme(Online)(Raj) 11838
HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
Anil Kumar Upman, J
Ameen Pathan – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Civil Writ Petition No. 5158/2025|S.B. Civil Writ Petition No. 4916/2025
For the Appellants/Petitioners: S.S. Hora, Adesh Arora, Ramesh Chand Bairwa
For the Respondents: Manoj Sharma, Padam Singh Gurjar, Sanwar Mal Sharma, Pooja Sharma, Sunil Samdaria, Arihant Samdaria
Once an election process for a governing body has commenced, courts should generally not interfere, and parties are required to exhaust statutory remedies, such as arbitration and conciliation, provided under the governing legislation before invoking the Court's writ jurisdiction.
Headnote:(A) Rajasthan Sports (Registration, Recognition and Regulation of Association) Act, 2005 - Sections 16, 23, 24 and 35 - Election Process - Bar to judicial interference once election process has commenced - Mandate of Section 16 for Arbitration and Conciliation - Writ jurisdiction vis-a-vis statutory remedy. (Paras 12-14, 16-17)
(B) Writ Petition - Maintainability - Alternative remedy - Absence of exceptional circumstances to bypass statutory arbitration under Section 16 of the Act of 2005 leads to non-maintainability of writ petitions. (Para 17)
Facts of the case:
Petitioners challenged the disqualification of the association by the Deputy Registrar and the subsequent appointment of an Adhoc Committee, which proceeded to announce elections. The petitioners argued a violation of natural justice and procedural irregularities in the enquiry and election process, seeking to stay the elections.
Findings of Court:
The Court held that once an election process has commenced, judicial interference is barred unless there are extraordinary circumstances, which were not present. The Court emphasized that there is a clear statutory remedy under Section 16 of the Act for resolving disputes related to management and elections, which the petitioners failed to exhaust.
Issues: Whether the Court should interfere with the ongoing election process and whether the writ petition is maintainable despite the existence of a statutory remedy under the Act.
Ratio Decidendi: Courts should not interrupt the election process once it has initiated. Statutory provisions regarding arbitration and conciliation for managing sports body disputes must be exhausted before invoking writ jurisdiction, unless a clear case of fundamental violation is established.
Result: Writ petition (No.5158/2025) dismissed as not maintainable; Writ petition (No.4916/2025) disposed of with directions to the appellate authority to resolve the pending appeal.
| Table of Content |
|---|
| 1. overview of election disruption and pending disqualification appeals. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments concerning violation of natural justice versus necessity of exhausting statutory remedies. (Para 7 , 8 , 9 , 10) |
| 3. judicial non-interference in ongoing election processes and barring writ jurisdiction for non-exhaustion of remedies. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 4. final directions to maintain election process but subject results to pending statutory appeal outcomes. (Para 18 , 19) |
O R D E R
1. Matters come upon application seeking vacation of interim order dated 03.04.2025 whereby elections for electing a new Executive of Kota District Cricket Association (hereinafter referred to as 'KDCA') has been stayed. With the consent of learned counsel for both the parties, both writ petitions, which are interconnected, have been heard finally and are being decided by this common order.
2. The writ petition (No.4916/2025) has been filed on behalf of petitioner KDCA through its Secretary Mr. Ameen Pathan seeking direction to the respondent Appellate Authority Cum Secretary, Youth Affairs and Sports Department, Jaipur to decide the pending appeal under Section 35 of the Rajasthan Sports (Registration, Recognition and Regulation of Association) Act, 2005 (hereinafter referred to as 'the Act of 2005' for brevity), within three months from the date of passing order under Section 24 of the Act of 2005 that is 24.01.2025 and to decide the interim application filed along with the appeal within fifteen days. This appeal has been filed by the petitioner KDCA challenging the order dated 24.01.25 whereby the respondent Deputy Registrar Co-operative Societies in exercise of powers under Section 24 of the Act of 2005, has disqualified the petitioner KDCA and appointed Adhoc Executive Committee.
3. After filing the above writ petition, vide order/communication dated 12.03.2025, the respondent Adhoc Committee has announced elections for executive committee of KDCA, scheduled to be held on 08.04.2025 from 10:00 AM to 12:00 PM and the schedule of the elections was also declared. Being aggrieved with the notice for election dated 12.03.2025, the petitioner Ameen Pathan, Honorary Secretary to KDCA has preferred writ petition (No.5158/2025).
4. As per the facts averred in the writ petitions, the Registrar, in exercise of powers under Section 23 of the Act of 2005, initiated enquiry against the petitioner KDCA on the complaint of office bearer of two clubs namely Bharat Club Kota and Rival Club Kota and appointed Shri Shivcharan Vijay as enquiry officer. On 17.01.2025, the enquiry officer concluded enquiry against the petitioner Association and fixed the matter for appearance on 23.01.2025. On 23.01.2025, the petitioners appeared but without providing sufficient opportunity of hearing to the petitioner, the Registrar, in exercise of powers under Section 24 of the Act of 2005, vide order dated on 24.01.2025, declared the petitioner KDCA disqualified and appointed Adhoc Committee over petitioner Cricket Association, directing it to hold elections within three months and to re-constitute Primary Sports Bodies (PSBs) as per Section 10(3) of the Act of 2005.
5. The petitioner KDCA challenged the order dated 24.01.2025 by way of filing appeal under Section 35 of the Act of 2005 before Appellate Authority, which is pending till date. After passing of the order dated 24.01.2025, vide communication dated 12.03.2025, the Adhoc Committee has announced election for KDCA. Aggrieved by the election notice dated 12.03.2025 issued by Adhoc Committee District Cricket Association, Kota, writ petition (No.5158/2025) has been preferred by petitioner Ameen Pathan.
6. By order dated 03.04.2025, an interim order was passed in both the writ petitions whereby process for electing a new Executive of KDCA, declared by the Adhoc Committee, scheduled on 08.04.2025, was stayed. The respondent Adhoc Committee District Cricket Association challeng
