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2018 DIGILAW 1130 (MAD)

Pondicherry State Badminton (Shuttle) Association Rep. by its President, Puducherry v. Senior Superintendent of Police (L & O ) Puducherry

2018-03-20

M.VENUGOPAL, S.VAIDYANATHAN

body2018
JUDGMENT : S. Vaidyanathan, J. Questioning the order of the second respondent, dated 20.07.2017 and the consequential order of the first respondent, dated 10.08.2017, the Writ Petition has been filed and that the learned Single Judge has disposed of the Writ Petition holding that J.Aravindan and M.Jagadeesan did not hold the post of President and Secretary respectively, as on 29.06.2013, taking note of Rule 12 of the Rules and Regulations of the appellant-Association. Though the prayer in the Writ Petition has become infructuous, the parties have invited a detailed order in the Writ Petition, taking note of the fact that there is tremendous improvement in the game of Badminton at World Championship level and that young players shall not be affected. 2. The contention of the Government is that Rules have been amended and that whether the two-year term or three-year term which has got to be taken into account from the date of original Bye-Laws/Rules or from the date of amendment, has got to be decided in the Writ Appeal. 3. The pendency of the Writ Appeal shall not prejudice the youngsters who are bringing laurels to this Country by participating in the sports activities. As the Writ Appeal has got to be heard in detail and orders have got to be passed, as an interim arrangement, we are of the view that the pendency of the Writ Appeal is not a bar for the Government/authorities to conduct Election, in which the said Aravindan and the third respondent-Ramesh can participate and with regard to their eligibility, the outcome of the Election will be subject to the result of the Writ Appeal. The results of the Election shall be produced in a sealed cover insofar as the post of President and Secretary are concerned. With regard to the other posts, it is open for the authorities to declare the results of the Election. 4. During the pendency of the Writ Petition, the learned Single Judge has passed interim order permitting the sports activities to go on and that it should be monitored by the Under Secretary of the Law Department of the Government of Puducherry. 4. During the pendency of the Writ Petition, the learned Single Judge has passed interim order permitting the sports activities to go on and that it should be monitored by the Under Secretary of the Law Department of the Government of Puducherry. Though it has been pointed out by the contesting third respondent that the interim order of this Court passed by the learned Single Judge did not work and that the sports activities/games were not conducted by the Under Secretary, we make it clear that the pendency of this Writ Appeal is not a bar for conducting Badminton Championship for the years to come, apart from any other events with regard to sports. 5. After detailed arguments, detailed order had been passed by the learned Single Judge, by giving directions, and we are of the view that the Election and declaration of results and that the conduct of the sports activities with Interim Administrator, shall not in any way affect the results that may be declared insofar as the other persons, except Secretary and President are concerned, which is subject to the result of the Writ Appeal. The Administrator, as an interim measure, shall take over the charge of the appellant-Association forthwith, without prejudice to the rights and contentions of the parties and that subject to the outcome of the Writ Appeal, the issue with regard to the continuation of the President and the Secretary would be decided. The Election shall be conducted before 10.06.2018 as per the Bye-Laws/Rules of the appellant-Association, preferably by giving wide publicity. 6. Post the Writ Appeal on 22.06.2018.