[2025:RJ-JP:22836]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5158/2025 Ameen Pathan S/o Shri Ameer Mohammed Pathan, Hony. Secretary Kota District Cricket Association Aged About 51 Years, Resident Of Near Govt. School, Anantpura, Kota-324005 (Raj.)

----Petitioner Versus

1. State Of Rajasthan, Through Secretary, Youth Affairs And Sports Department Jaipur Rajasthan

2. Secretary, Youth Affairs And Sports Department, Jaipur Rajasthan.

3. Deputy Registrar, Co-Operative Societies, Chhatrapati Shivaji Sahkari Bhawan, Kota.

4. Adhoc Committee District Cricket Association Kota, Having Address At J.k. Pavalian Nyapura Kota Through Its Convenor.

----Respondents Connected With S.B. Civil Writ Petition No. 4916/2025

1. Kota District Cricket Association, Near Govt. School, Jhalawar Road, Anantpura, Kota (Raj.), Through Its Secretary Mr. Ameen Pathan S/o Shri Ameer Mohammed Pathan, Resident Of Near Govt. School, Anantpura, Kota-

324005 (Raj.)

2. Ameen Pathan S/o Shri Ameer Mohammed Pathan, Aged About 51 Years, Hony. Secretary Kota District Cricket Association Resident Of Near Govt. School, Anantpura, Kota-324005 (Raj.)

----Petitioners Versus

1. Appellate Authority Cum Secretary, Youth Affairs And Sports Department, Jaipur, Rajasthan.

2. State Of Rajasthan, Through Deputy Registrar, Co-

Operative Societies, Chhatrapati Shivaji Sahkari Bhawan, Kota.

3. Shivcharan Vijay, Enquiry Officer, Office Of Special Auditor, Office Of Registrar Cooperative Societies, Kota ----Respondents For Petitioner(s) : Mr. S.S. Hora Mr. Adesh Arora Mr. Ramesh Chand Bairwa For Respondent(s) : Mr. Manoj Sharma, AAG Mr. Padam Singh Gurjar, AGC Mr. Sanwar Mal Sharma, Ms. Pooja Sharma Mr. Sunil Samdaria Mr. Arihant Samdaria HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

O R D ER

DATE OF PRONOUNCEMENT : 04/06/2025

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 appe