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2023 DIGILAW 476 (AP)

Andhra Kabaddi Association v. State of Andhra Pradesh

2023-03-01

D.RAMESH

body2023
ORDER : Writ Petition No.924 OF 2021 This writ petition is filed challenging the impugned order/endorsement No. G/648/2019, dated 03-11-2020 as illegal, arbitrary and consequently set aside the same by directing the 2nd respondent to pass orders on merit by following due procedure of law on the representation of the petitioner dated 15-10-2020. Writ Petition No.20084/2020: This Writ Petition is filed challenging the order dated 09.10.2020 of the 4th respondent in refusing the request of the petitioner-Association to include the names of the newly elected Office Bearers by replacing the name of the respondent Nos.5 and 6, whose term was already expired. 2. Since the issue involved in both the writ petitions is inter-linked, this Court intends to dispose of both the writ petitions by a common order. 3. The case of the petitioner in W.P.No.924 of 2021 is that the petitioner is representing as President of Andhra Kabaddi Association, which is registered with the 2nd respondent herein as Andhra Kabaddi Association, with Ananthapuram address vide registration No.115/2020 as per Andhra Pradesh Societies Registration Act, 2001 with an object to promote Kabaddi game in the State of Andhra Pradesh. At the time of registration of the petitioner Association, they have submitted the list of members of the petitioner Association, who are actively involved in the development and promotion of the Kabaddi game. Accordingly, the 2nd respondent-District Registrar had issued Registration Certificate in favour of the petitioner Association on 30-03-2010; as per the by-laws of the petitioner Association, the term of office of the existing body is four years; accordingly the elections were held from time to time and amendments were submitted to the 2nd respondent periodically whenever changes are taken place on 09-09-2015, 07-05-2018 and 07-09-2019. The 2nd respondent has issued amendment certificates in favour of the petitioner Association from time to time. 4. The 2nd respondent has issued amendment certificates in favour of the petitioner Association from time to time. 4. The 4th respondent in the said writ petition has also got registered several associations with the same address of Vijayawada with the District Registrar, Vijayawada by titling the names of his associations for the same cause by claiming himself as Secretary to those associations such as Kabaddi Association Krishna District with Reg.No.232/2013, Krishna DT Kabaddi Association with Reg.No.438/2018 and another such association created by 4th respondent is taking the exact name of the petitioner association viz., Andhra Kabaddi Association with Vijayawada Address vide it’s registration No.436/2018 who is not at all concerned with the petitioner Association, with an evil intention to tarnish the image of the petitioner Association. After registration of the rival association with the District Registrar, Krishna District, 4th respondent herein made a representation to Amateur Kabaddi Federation of India (AKFI), New Delhi seeking recognition and affiliation of their association to AKFI. In the meantime, AKFI has asked all the affiliated state Kabaddi Associations to send two representatives from their respective Associations to include their names in the Electoral College list of AKFI, New Delhi for conducting first round of elections to elect Office bearers and amend the Memorandum of Association of AKFI. Accordingly, the petitioner Association has sent their name of –K.E. Prabhakar/petitioner, as the president of the petitioner Association and the name of Mr. Veeralankaiah, Secretary of the petitioner Association to participate in the First Round election of AKFI. 5. Accordingly, the 4th respondent had again and again sought for affiliation of AKFI and also sought permission to participate in the upcoming General Body and Executive Committee meetings of AKFI, New Delhi on behalf of their Association under the registration No.436/2018 led by Mr. Komati Jayarama Rao as President and to permit their teams to participate in the Sub-Junior Nationals, Junior Nationals, Senior Nationals and International Tournaments conducted by AKFI, New Delhi. Komati Jayarama Rao as President and to permit their teams to participate in the Sub-Junior Nationals, Junior Nationals, Senior Nationals and International Tournaments conducted by AKFI, New Delhi. Further, the 4th respondent made another representation dated 30-03-2019 seeking affiliation and to include in their Second Round of election process and filed W.P.No.10431/2019 where in this Hon’ble Court in IA.No. 1/2019 in order to dispose of the representation dated 30-03-2019 of the 4th respondent herein vide order dated 05-07-2019; accordingly the Administrator of AKFI has passed elaborate order after hearing both the parties dismissed the claims of the 4th respondent’s in his representation dated 30-03-2019 vide its order dated 07-08-2019. 6. Questioning the entries made by the petitioner’s Association, the petitioner being president of the Association, filed W.P.No.16899/2019, wherein no counter has been filed to inform the Court which lead the 2nd respondent to amend the entries in the association registered vide 115/2010; the petitioner made the representation to the 2nd respondent on 15.10.2020 against which the 2nd respondent revealed the truth that basing on the order passed by this Hon’ble Court in WP No.46681/2018 and the representation made by the 4th respondent that they have conducted election accordingly amended the entries and refused to restore the name of the previous persons as the WP No. 16899/2019 is pending. Assailing the said proceeding present Writ Petition is filed. 7. The petitioner [4th respondent in the W.P.No.924 of 2021] filed W.P.No.20084/2020 assailing orders of the Amateur Kabaddi Federation of India [AKFI] i.e., administrator of AKFI dated 09.10.2020 in rejecting the request to delete the names of erstwhile Office bearers of the Petitioner- Association by substituting with the names of newly elected Office bearers. 8. The petitioner Association has elected the 5th respondent [petitioner in the W.P.No.924 of 2021] as its President and one V.Veeralankaiah/6th respondent as its Secretary and they have been continued as such till they were removed by the 3rd respondent-the Sports Authority of Andhra Pradesh, for their misconduct in the process of discharging their functions as President and Secretary of the Petitioner Association. There were serious allegations made against them and there are pending criminal cases against them. Considering their conduct and also seriousness of the allegations, the 3rd respondent refused to recognize the petitioner – Association represented by the respondents 5 and 6 as President and Secretary respectively. There were serious allegations made against them and there are pending criminal cases against them. Considering their conduct and also seriousness of the allegations, the 3rd respondent refused to recognize the petitioner – Association represented by the respondents 5 and 6 as President and Secretary respectively. In the said circumstances, some of the members in the Association registered another Society with the same name under the Societies and Registration Act with Regd.No.436/2018 and sought recognition of the 3rd respondent. Meanwhile, 4th respondent sought for objections for the nomination of the respondent Nos.5 and 6 to represent the petitioner association in the Electoral College of the 4th respondent only by virtue of the previous elections as President and Secretary of the Petitioner-Association. 9. Contention of the petitioner in the present writ petition is that once the term of the elected body is completed and the election was conducted and a new body was elected, it is incumbent upon the 4th respondent to take necessary action to show the names of the newly elected persons in the place of ex-office bearers whose term was already expired. But the respondent Nos. 5 and 6 are allowed to continue in the Electoral College, even after expiry of their term without conducting elections and aggrieved with the action of the 4th respondent in not adhering to the National Sports Calendar, contrary to the orders of the High Court of Delhi (DB) W.P. (C) 4601 of 2013 dated 03.08.2018 and the Hon’ble Supreme Court in S.L.P.No. 21938 of 2018 dated 03.08.2018, for which the petitioner approached this Court for consequential order, vide W.P. No. 46681 of 2018. In the said Writ Petition, having considered the orders of the Administrator dated 17.01.2019 directing to hold elections for the Office Bearers of the petitioners Association, preferably within next one month of time. 10. The Administrators of the AKFI has passed orders on 17.01.2019 on the objections to the nominations sent by the Andhra Kabaddi Association (AKA) for the Electoral College of AKFI, wherein the objections are decided to the effect that Administrators of the Andhra Kabaddi Association (AKA) shall hold elections of its Office Bearers, preferably within next one month time, if required it shall amend its constitution to make it in compliance with Sports Code and Model Election Guidelines in terms of Hon’ble Delhi High Court Judgment. The elections be conducted under the supervision of retried High Court Judge or retired District Judge as per rules. 11. Following the orders passed in the W.P.No.46681 of 2018, the elections were held on 23.03.2019 under the supervision of the Justice D.S.R. Varma, Retired Judge of Hon’ble High Court as Returning Officer, the petitioner and one G.Venkata Reddy were elected as Secretary and President of Petitioner-Association respectively along with other office bearers. After completing the elections, the list of elected office bearers was sent to Registrar of the Societies, and the Registrar of Societies has taken on file the names of the Office Bearers and necessary entries were made in the relevant records. Thereafter, they have approached the 3rd respondent-the Sports Authority of Andhra Pradesh, for grant of recognition and the 3rd respondent issued a letter dated 10.07.2020 granting recognition tentatively. Thereafter, the petitioner and other office bearers approached the 4th respondent -AKFI by submitting a representation dated 13.07.2020 with a request to remove the names of previous office bearers by replacing their names as per the elections conducted on 23.03.2019. Surprisingly, without considering the request made by the petitioner, the 4th respondent has rejected their claim through the impugned order dated 09.10.2020 stating that the petitioner Association being led by the petitioner herein and one G.Venakta Reddy as Secretary and President cannot be considered as affiliated unit of the 4th respondent and the names of the 5th respondent as President and that 6th respondent as Secretary will be continued. Hence, they filed the W.P.No.20084 of 2020. 12. Sri C. Raghu learned Senior counsel appearing for the petitioner W.P. No. 924 of 2021 has contended that the petitioner’s Association has registered with registration No.115/2010 as per A.P. Societies Registration Act, 2001 and the petitioner was elected as President and one Mr. Veeralankaiah, as Secretary. Accordingly their names were entered in electoral by the AKFI/ 4th respondent. The 4th respondent, who is not concerned with the their Association, has got registered one Sports Firm by name Andhra Kabaddi Association with Reg.No. 436/2018, Flat No.401, Sai Durga Enclave, Saipuram Colony Road, One Centre, Gollapudi, Vijayawada. By virtue of their request, the 2nd respondent has included their names by holding the names of the petitioners with regard to the registration No.115/2010. By virtue of their request, the 2nd respondent has included their names by holding the names of the petitioners with regard to the registration No.115/2010. Learned counsel further submitted that though earlier a writ petition was filed by the 4th respondent herein with regard to the registration No.436/2018 but after dismissal of the said writ petition, surprisingly, they made a request for inclusion of their names in the Association with Reg.No.115/2010, which was recognized by the 2nd respondent by replacing them as newly elected office bearers. The 2nd respondent, without verifying and without issuing notices to the existing persons in the association, has incorporated the names of the respondents 3 and 4 [in W.P.No.924 of 2021]. Questioning the same, the petitioner has filed W.P.No.16899/2019 and simultaneously the petitioner also made representation dated 15.10.2020 for removal of the names of the respondents 3 and 4. Surprisingly the 2nd respondent issued the impugned proceedings vide letter dated 03.11.2020 refusing to act on the representation till disposal of the W.P.No.16899 of 2019. In fact the 4th respondent has filed Writ Petition No.46681/2018 with regard to the Reg.No.436/2018 and they have filed earlier writ petitions also with regard to the Andhra Kabaddi Association, Andhra Pradesh with Reg.No. 436/2018. This court passed order in favour of the petitioner therein/4th respondent, in terms of the order passed by the learned administrator- that Andhra Kabaddi Association shall hold elections of its Office bearers, within one month time. Even assuming that the election conducted on 23.03.2019, that will be for the association with Reg.No.436/2018 and not for Reg.No.115/2010 since the 4th respondent represented the association with Reg.No.436/2018 in W.P.No.46681/2018. But surprisingly the names of the respondents 3 and 4 were included in the Register in with Reg. No. 115/2010. Hence, requested to set aside the impugned order/ letter made by the 2nd respondent dated 03.11.2020 and requested to include their names in the of place of respondents 3 and 4 in the Register with Registration No. 115/2020. 13. Learned Senior Counsel appearing for the petitioner in W.P. No.20084/2020 has submitted that there are disputes in the Association and the petitioner association filed W.P.No.46681 of 2019, and this court vide orders dated 13.03.2019 pleased to direct that the objections are decided to the effect that Andhra Kabaddi Association shall hold elections of its office bearers, preferably within next one month time. As the Association vide Registration No.436/2018 was defunct, the members of the association held meeting and passed a resolution to conduct elections, for the Registration No.115/2010, under the supervision of Justice D.S.R.Varma, Retired Judge of Hon’ble High Court. As directed by the administrator of the 4th respondent-AKFI, vide orders dated 17.01.2019 elections were conducted on 23.03.2019 and as per the result, names of the petitioners were sent to the 2nd respondent who is the competitive authority to make entries as per the Section 23 of the Societies Registration Act,2001. The petitioners have also brought to the notice of the 3rd respondent, with regard to the result of the elections and same was recognized by the 3rd respondent. 14. He further submitted that while considering the names of the petitioners by the 3rd respondent and recognition of the association by the 3rd respondent is with a pre condition, that it should be recognized by the 4th respondent. Hence, the petitioners here made request to the 4th respondent to grant affiliation by deleting the names of Mr. K.E. Prabhakar President and Mr. V. Veera Lankaiah replacing the names of G. Venkata Reddy as President and Mr. Y.Srikanth as Secretary. Surprisingly the 4th respondent has rejected the request made by the petitioners and recognizing the K.E. Prabhakar and V. Veeralankaiah as Secretary, which is contrary to the record as well as contrary to Sports Code. 15. As per the sports Code, the term of the office bearers is not more than four (04)+ four (04)years, which makes a period of eight (08) years for the President and four (04) years with a gap of one year and four (04) years for the Secretary. In the instant case, respondent Nos. 5 & 6 both are not eligible to continue in future as per the sports Code. But surprisingly while rejecting the request made by the petitioners, the 4th respondent once again recognized the respondent Nos. 5 and 6 as President and Secretary, which is contrary to the Sports Code. Further he brought to the notice of the Court that in the impugned orders, the 4th respondent has not at all recognized the elections conducted by the Justice D.S.R Varma, retired Judge of High Court of Andhra Pradesh and held that no such orders were given by Administrator, which is contrary to the orders of the 4th respondent dated 17.01.2019. 16. 16. Sri G. Rama Rao, learned senior counsel appearing on behalf of the petitioner-in W.P.No.20084 of 2020 contended that the 4th respondent while passing the impugned orders, not even looked into the record. And has made a comment that mere recognition of the SAAP, electing the petitioner as Secretary as per the elections conducted by Andhra Kabaddi Association, basing on the orders of the Administrator, returning Officer justice D.S.R. Verma, retired Judge of Hon’ble High Court of Andhra Pradesh is not legal manner and in the said elections G. Venkata Reddy elected as President and the petitioner as Secretary to the association. It is relevant to mention that no such orders are given by the Administrator AKFI to conduct any elections by AKFI under the supervision of former Judge justice D.S.R. Varma, as Returning Officer is contrary to his orders dated 17.01.2019. 17. After hearing of both the counsel, this Court has called for the original record of AKA with regn. No. 115/2010. On perusal of the record, its found that conduction and declaration of elections to AKA with Reg.No.115/2010 by former Judge justice D.S.R. Varma, dated 23.01.2019. On perusal of the above said record, it clearly discloses that as directed by the administrator on 17.01.2019 Sri justice D.S.R. Varma, retired Judge of Hon’ble High Court of Andhra Pradesh has conducted the elections and declared the results. 18. After hearing both the learned counsel and also on perusal of the record, it is surprising to note that the observations in the impugned order about no directions from AKFI to conduct elections, to conduct elections to AKA under the supervision of justice D.S.R. Varma as Returning Officer, which is contrary to the orders passed by the Administrative Officer dated 17.01.2019. 19. It is surprising to note that when there is direction given by the 4th respondent-AKFI vide orders dated 17.01.2019 to hold elections under the supervision of retired High Court Judge or District judge with a specific direction to hold elections within a period of one month, there respondents cannot take ‘U’ turn stating that in the present impugned orders no such directions are given. Even on perusal of the orders passed by the 4th respondent dated 09.10.2020 it also speaks that before passing such order, the authority has not even looked into the record and no records were called for. Even on perusal of the orders passed by the 4th respondent dated 09.10.2020 it also speaks that before passing such order, the authority has not even looked into the record and no records were called for. Therefore, this court is of the considered opinion that before passing impugned order, the 4th respondent has not even called the original record pertaining to AKA Reg.No. 115/2010. 20. In view of the above, this court believes that considering the directions given by the authority-AKFI on 17.01.2019 for the Andhra Kabaddi Association i.e., AKA with Reg. No. 115/2010 has conducted elections and submitted electoral list of candidates to the authority. The authority has no option except to consider the same as per the records. In the said circumstances, the impugned order dated 09.10.2020 of the 4th respondent- AKFI is set aside and directing the 4th respondents not to continue any member pertaining to these Society with regard to the participation in the general elections to AKFI or any other purpose. Further, the petitioners in both the writ petitions, are given liberty to submit their claims before the authority along with original records within a period of two (02) weeks. The 4th respondent-AKFI is directed to consider the record and take appropriate decision for including correct persons in the association within a period of two (02) weeks thereafter. It is needless to mention that the elections are to be conducted in confirmation with the Sports Code. 21. Accordingly, both the writ petitions are disposed of. No costs. As a sequel there to, miscellaneous petitions pending, if any, in this Writ Petition shall stand closed.