Jharkhand Taekwondo Association v. Taekwondo Federation of India
2016-06-22
APARESH KUMAR SINGH
body2016
DigiLaw.ai
ORDER : Aparesh Kumar Singh, J. Learned counsel for the petitioner is permitted to implead Hon'ble Mr. Justice R.S. Sohdi (Retd.) as respondent No. 5 in red ink during course of the day. 2. Heard learned counsel for the petitioner, respondent No. 1 - Taekwondo Federation of India as well as the respondent nos. 2 and 3. 3. Learned counsel for the petitioner has pressed for the interim prayer relating to question of his participation in the election scheduled to be held on 26th June, 2016. 4. Pursuant to the orders passed by the High Court of Delhi in W.P.(C) No. 2753/2016 and C.M. No. 11585/2016 dated 30th March, 2016, a One Man Commission presided over by Justice R.S. Sohdi (Retd) was constituted to decide the dispute as to who all constitute the electoral college of Taekwondo Federation of India (TFI) after hearing the petitioners therein and the respondent No. 1 Indian Olympic Association, also the persons/bodies claiming to the constituents/members within a stipulated period. Pursuant thereto the One Men Commission submitted its report on 4th May, 2016 which is Annexure-12 to the supplementary affidavit of the petitioner dated 6th June, 2016. Writ petitions were filed thereafter by certain State Federations before Delhi High Court such as the State Taekwondo Association of Telangana and anr. and All Assam Taekwondo Association and anr. being W.P.(C) Nos. 4560/2016 and 4561/2016 respectively. Learned Single Judge of Delhi High Court by the order dated 18th May, 2016 while disposing of the said writ petitions heard along with other connected cases observed inter-alia that the interse disputes in various constituents of TFI have to be adjudicated locally and any order passed by such Court in the dispute by rival factious would override the report of the Court Commissioner if received within the schedule laid down for the election, Annexure-15. It has been brought to the notice of the Court that Delhi High Court in W.P.(C) No. 4611 of 2016 by order dated 18th May, 2016 has also permitted the petitioners therein to make an application before the Court Commissioner seeking recall of the earlier order dated 4th May, 2016. It further appears that in an application made by Odisha Taekwondo Association in respect of the same nature of dispute in W.P.(C) No. 10106/2016, the petitioners therein have been allowed to approach the respondent Hon'ble Justice R.S. Sohdi (Retd.) by filing appropriate application.
It further appears that in an application made by Odisha Taekwondo Association in respect of the same nature of dispute in W.P.(C) No. 10106/2016, the petitioners therein have been allowed to approach the respondent Hon'ble Justice R.S. Sohdi (Retd.) by filing appropriate application. The Odisha High Court in its order dated 13th June, 2016 has asked the Commission to look into the grievance of the petitioner including the participation in the election process scheduled to be held on 26th June, 2016. 5. Petitioner herein has contended that the One Man Commission has included the list of name of respondent nos. 2 and 3 in the electoral college despite the fact that the TFI had supplied the list before it showing Bijay Kumar Jha as President and Kamlesh Kumar Pandey as General Secretary to the State Taekwondo Federation, elections of which were held on 17th May, 2015. These facts and other related facts have not been brought to the notice of the One Man Commission leading to the institution of present writ petition before this Court pursuant to the observation made by Delhi High Court in W.P.(C) Nos. 4560/2016 and 4561/2016. 6. There are other facts which have also not been brought to the notice of the One Man Commission by respondent nos. 2 and 3 relating to their suspension vide order dated 23th November, 2011 (Annexure-1) after their election in June, 2013 and denial of an interim injunction by learned Court of Civil Judge (Jr. Division) No. 1, Dhanbad in Title Suit No. 75 of 2015 vide order dated 1st September, 2015 (Annexure-3). 7. Respondent nos. 2 and 3 have also contested the case on various issues of fact including the assertion that a No Confidence Motion was passed by ¾th majority of the States on 23rd November, 2014 against the President of TFI Mrs. Renu Mahant despite which she has continued to act as the President. Learned counsel for the respondent nos. 2 and 3 also points out that the election is scheduled to be held on 26th June, 2016 and reliance of the petitioner on interim orders passed by the Andhra Pradesh High Court and Telangana High Court enclosed to I.A. No. 3666/2016 would not come to avail in the wake of orders passed by Delhi High Court and Odisha High Court as referred to herein above. 8.
8. Learned counsel for the TFI has also made a submission that though One Man Commission had already submitted its report, but the Hon'ble Delhi High Court and Odisha High Court in the orders passed in W.P.(C) No. 4611/2016 and 10106/2016 have respectively asked the Commission to reconsider the matter. 9. In the wake of such questions of fact being agitated between the rival parties, it is considered appropriate to allow the petitioner to approach the respondent No. 5 - Hon'ble Mr. Justice R.S. Sohdi (Retd.), Delhi High Court, 77, Poorvi Marg, Vasant Vihar, New Delhi by filing appropriate application along with the certified copy of the order as well as the copy of the entire pleadings. On production of such application by 24th June, 2016, the Commission-respondent No. 5 would look into the grievance of the petitioner of course after giving due opportunity to the respondent nos. 2 and 3 as well and any other effected parties on the question of their participation in the election process scheduled to be held on 26th June, 2016. 10. Learned counsel for the respective parties jointly submit that the writ petition can itself be disposed of in view of the order passed here in above. Needless to say, dependent upon the decision of the One Man Commission, the affected parties may have opportunity to take recourse to remedy available to them thereafter. 11. In case of eventuality that the Commission presided over by Hon'ble Mr. Justice R.S. Sodi (Retd) is not available before the date of election scheduled on 26th June, 2016, the parties are at liberty to move an application before the respondent No. 4 - Hon'ble Mr. Justice M.L. Mehta (Retd.), the Returning Officer appointed by Delhi High Court. In that event the observation and direction made herein above shall apply in the same manner. It is however made clear that this Court has not made any comments on the merits of the claim of the rival parties. 12. The writ petition stands disposed of. 13. I.A. No. 3666 of 2016 also stands disposed of accordingly. 14. Let a copy of this order be handed over to the counsel for the parties today. Urgent certified copy of the order be granted on proper application. Petition disposed of.