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2015 DIGILAW 1089 (RAJ)

AMIN PATAN v. LALIT KUMAR MODI

2015-05-18

SUNIL AMBWANI, VEERENDR SINGH SIRADHANA

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Judgment : 1. We have heard learned counsel appearing for the parties. 2. This Special Appeal has been filed against an interim order passed by learned Single Judge on 12.03.2015, fixing 30.03.2015 as the date for hearing. By the same order, she had directed the Chairman, Rajasthan State Sports Council, Jaipur, having its Office at SMS Stadium, Jaipur, to be present on 30.03.2015 along with the records and the proceedings of the 'No Confidence Motion'. 3. On 30.03.2015, Shri J.C. Mohenty, Principal Secretary, Sports and Youth Affairs as also Ex-Officio Chairman of the Rajasthan State Sports Council, Jaipur, appeared and produced the original records. He was allowed time to file an affidavit. Shri Kamlakar Sharma, learned Senior Counsel appearing for the petitioner in the writ petition, also sought time to file a rejoinder, and on which, the matter was fixed on 16.04.2015. 4. On 16.04.2015, Shri Amit Mathur, appeared for the respondent No.6, and sought a week's time to file reply, on which the matter was fixed on 30.04.2015. 5. On 30.04.2015, all the respondents were directed to file their respective replies on or before 21.05.2015, and the petitioners were directed to file their rejoinder on or before 27.05.2015, and the matter was fixed, to be heard on 27.05.2015. 6. This Special Appeal was filed against the impugned order, in defect, which were removed on 11.05.2015. 7. It is submitted that the interim order passed by learned Single Judge, to lock and seal the Office premises of the Rajasthan Cricket Association forthwith, will affect the entire calender of the sporting activities, the coaching of cricket and tournaments, which are scheduled to be held in May, 2015. The salaries of the staff and the ground staff as well as upkeep of sports facilities including maintenance of grounds have also been held up. 8. The matter is going to be taken up by learned Single Judge in the next week on 27.05.2015, and thus we do not propose to entertain this Special Appeal, and pass any orders, especially in view of the observationS of learned Single Judge, that the two groups, one of the petitioners and other of the respondent Nos.6 to 8, have led to very unhealthy atmosphere in the RCA. They have mismanaged the affairs of the RCA by creating a mess, and have also created absolutely a lawless situation. They have mismanaged the affairs of the RCA by creating a mess, and have also created absolutely a lawless situation. Learned Single Judge also observed that both the parties do not have any regard for the law, and are bent upon destroying the democratic set up of the RCA, which is the creation of a Statute for the purpose of regulating the sports activities in Rajasthan. 9. Learned Single Judge, in an earlier writ petition, by a long and detailed order, partly allowed one of the writ petitions and had disposed of the others, giving liberty to the respondents to bring 'No Confidence Motion' against the concerned petitioners, as per the provisions contained in the Constitution of the RCA. The holding of the meeting of 'No Confidence', was mired by alleged violence, in which it was alleged that a large number of persons were not allowed to participate in the meeting by attacking them, when they were proceeding in buses to participate in the meeting. 10. Be that as it may, without expressing any opinion on the merits of the matter, we dismiss the Special Appeal, as we do not find any good ground to interfere with the interim order at this stage. The concerns of the appellant may be addressed by learned Single Judge at the time of hearing of the writ petition. 11. The Special Appeal is dismissed.