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2025 DIGILAW 1077 (BOM)

Sachit Anand Bhosale v. Union Of India Through The Ministry Of Youth Affairs And Sports

2025-10-03

ADVAIT M.SETHNA, M.S.SONAK

body2025
JUDGMENT : 1. Heard learned counsel for the parties. 2. Considering the orders made earlier, we issue the Rule and make it returnable immediately at the request of and with the consent of the learned counsel for the parties. 3. The petitioner challenges the election schedule for the election to elect the executive committee of the Maharashtra State Kabaddi Association (Respondent No. 4) for the term 2024-2028. 4. The petitioner has alleged that the impugned schedule was in total breach of the National Sport Federation Development Code of India, 2011 (‘sports code’ for short), and this was despite specific directions being issued by the Hon’ble Delhi High Court in the case of K.P Rao vs. Union of India , [223/DHC 0/000974], declaring that the sports code would equally apply, inter alia for elections to associations affiliated with the Amateur Kabaddi Federation of India - Respondent No.3. th June 2024:- “1. Leave is granted to the Petitioners to amend the above Petition by joining Mr. Pratap Shinde and Mr. Sudhakar Ghag as Respondent No.6 and 7 to the above Writ Petition. The amendment shall be carried out by 24th July 2024. Re-verification is dispensed with. 2. Once the amendment is carried out, the Registry is directed to issue notice to Mr. Pratap Shinde and Mr. Sudhakar Ghag returnable on 6 th August 2024. In addition to the Court notice the advocates for the Petitioners are permitted to serve the said Mr. Pratap Shinde and Mr. Sudhakar Ghag with the papers and proceedings in the above Writ Petition by private notice as well. 3. In the above Writ Petition what is challenged is the Notification and Code of Conduct dated 21t June 2024 issued by the Returning Officer of Respondent No.4 and all steps taken subsequent thereto. 4. To put it in a nutshell, it is the grievance of the Petitioners that the elections of Respondent No.4 are being conducted contrary to the National Sports Development Code of India, 2011. To put it differently, the grievance of the Petitioners is that each district affiliated to Respondent No.4 (the State Association) has to send two of its members who would form part of the electoral college for voting in members of the said State Association. To put it differently, the grievance of the Petitioners is that each district affiliated to Respondent No.4 (the State Association) has to send two of its members who would form part of the electoral college for voting in members of the said State Association. One of the requirements is that the members of the electoral college cannot hold office of the District Association for more than 8 years, or at the highest, even after the cooling-off period, for more than 12 years. According to the Petitioners, the members of Respondent No.5 (the District Association) nominated to be on the electoral college i.e. Respondent No.6 and Respondent No.7, have held their office far in excess of 12 years and therefore are disqualified to be a part of the electoral college as held by the Hon'ble Delhi High Court in the case of K.P.Rao V/S Union of India & Ors. (the Neutral Citation Number:2023/DHC/000974). 5. According to the learned counsel appearing on behalf of Respondent no.4 it is the case of the said Respondent that the National Sports Development Code of India, 2011 has not been adopted by the State of Maharashtra and therefore the same would not apply. However, in answer to this argument it is pointed out to us that Respondent No.4 has in fact amended its bye-laws in terms of the Delhi High Court judgment in the case of K.P.Rao (supra). 6. After having heard the learned counsel for the parties, we are of the opinion that Respondent No.4 ought to file an affidavit-in-reply in the above Writ Petition justifying its stand with reference to the application of the National Sports Development Code of India, 2011 Further Respondent No.5 also will have to file a reply. They have been duly served as evidenced by the affidavit of service dated 18th July 2024. 7. In order to enable the said Respondents to file their affidavit-in-reply, the above matter is stood over to 6 th August 2024. 8. The affidavit-in-reply on behalf of Respondent No.4 as well as Respondent No.5 shall be filed on or before 2 nd August 2024 and the copy of the same shall be served on the advocates for the Petitioners. 9. Stand over to 6th August 2024. 10. In the meanwhile, without prejudice to the rights and contentions of all the parties, the elections to be conducted by Respondent No.4 shall be postponed. 9. Stand over to 6th August 2024. 10. In the meanwhile, without prejudice to the rights and contentions of all the parties, the elections to be conducted by Respondent No.4 shall be postponed. After we hear the Petition we will then decide what is the date to be fixed for conducting the said elections. 11. This order will be digitally signed by the Private Secretary/Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.” th July 2024 has not been challenged by any of the parties. Therefore, to urge that elections are already concluded and further, that such elections were in accordance with the Sports Code is a contention that cannot be so lightly accepted. th respondent, after vaguely asserting compliance, also attempted to argue that the sports code does not apply and, therefore, was not required to be adhered. th respondent attempted to justify non- adherence to the sports code, while simultaneously vaguely contending that there was compliance. In short, contradictory and mutually destructive pleas were raised before us. 13. The Delhi High Court in the case of K.P. Rao vs. Union of India (supra) issued the following directions in paragraph 62 :- “62. Since the AKFI continues to be under the control of the Administrator and elections of the Executive Committee of AKFI have to be held, the petitions are disposed of in the following terms: (i) the 'age and tenure restriction' on the members of the Governing Body imposed by the National Sports Development Code of India 2011 applies not only to the Amateur Kabaddi Federation of India but also to all its constituents at the State and District Level; and (ii) the amendments carried out to Clause 15.10 and Clause 30 of the AKFI Constitution are quashed. The Original clause 15.10 and Clause 30, extracted hereinabove, are restored; and (iii) all the State and District Associations and bodies, if they want to continue to be members of the AKFI have to amend their Memorandum of Associations/Constitutions and bring them in conformity with the Sports Code particularly in respect of the Age and Tenure restrictions imposed by the Sports Code; and (iv) if, the District Associations/bodies and/or State Association refuse or fail to comply with the 'age and tenure restriction' imposed by the Sports Code, they would be liable for action which may entail disaffiliation and/or removal as a recognized District and State constituent of the AKFI; and (v) the representatives of the State Associations to the National Federation have to be compliant of the 'age and tenure restriction' imposed by the Sports Code and likewise the representatives of the District Associations/bodies to the State Association have to be compliant of the 'age and tenure restriction' imposed by the Sports Code; and (vi) if the representatives of the State Associations to the National Federation and the representatives of the District Associations/bodies to the State Association are not compliant of the 'age and tenure restriction' imposed by the Sports Code, then they shall not constitute the electoral college and shall be disqualified from contesting for any post of the executive committee and also from casting their vote for such an election; and (vii) the State Associations and the District Associations, after the expiry of the term of the existing Executive Committee, shall hold fresh elections strictly in accordance with the 'age and tenure restriction' imposed by the Sports Code; and (viii) the election notification dated 07.08.2019 for elections to the AKFI and the notification of the electoral college of AKFI issued by the Administrator are quashed; and (ix) the Administrator shall prepare and notify the schedule for the holding of the elections of the office bearers of AKFI in accordance with these directions, which should not be later than 3 months from the date of this order; and (x) the President and Secretary of the affiliated Member unit should attend the General Body Meeting of AKFI, however if the President and Secretary of an affiliated member are unable to attend or are not compliant of the 'age and tenure restriction' imposed by the Sports Code, they may nominate, in accordance with the Constitution of AKFI, a person who is compliant. If there is a dispute on the nomination, then the nomination by the President shall prevail.” 14. In our opinion, the above directions would apply to the Respondent No. 4 equally. The learned AGP pointed out that there was no objection from the State Government to the application of the Sports Code. The alleged resolution of the general body, disapproving of the rules that align with the Sports Code, was not made available for our perusal. In any event, even the general body cannot pass resolution contrary to the Sports Code or the directions issued by the Hon’ble Delhi High Court for applying the Sports Code to Kabbadi Association like the Respondent No. 4. Based upon such reasons, the earlier executive committee whose term has expired in October 2023 cannot cling to power, in defiance of all democratic norms and legal procedures. 15. Incidentally, we were shown a communication dated 24 th June 20024, addressed by Mr Mulchand Pawar, a member of the general body of Respondent No. 4, in which he wrote to the Administrator/President of Respondent No. 3, highlighting how the directives of the Sports Code and the Delhi High Court were openly flouted. Similar averments are contained in the petitions, and there is no satisfactory response in the return filed, except for the contradictory and mutually destructive pleas referred to above. 16. After reviewing Respondent No. 4's reply and arguments, we agree that the initial observations made by the Coordinate Bench in its order dated 19 th July 2024 should be upheld. The previous executive committee, which aims to maintain power, is unwilling to implement the Sports Code despite explicit directives from the Hon’ble Delhi High Court concerning its relevance. By not applying these norms, the previous committee members sought to retain control by postponing elections for as long as possible. As a result, from October 2023 to October 2025, that committee has successfully clung to power for the last two years. 17. Being satisfied that the impugned schedule of election was not in accordance with the Sports Code, we quash and set aside the same. The continuation of the previous executive committee, which is in defiance of the sports code and the directives of the Delhi High Court, is also declared unlawful. They shall cease from functioning and hand over their charge to the Administrator we propose to appoint. The continuation of the previous executive committee, which is in defiance of the sports code and the directives of the Delhi High Court, is also declared unlawful. They shall cease from functioning and hand over their charge to the Administrator we propose to appoint. This shall be completed within a maximum of 15 days from the date of uploading this order. Until they transfer the charge, they shall not make any policy decisions or spend the 4 th respondent’s funds, except to cover routine and reasonable expenses, including payment to the Administrator. 18. Accordingly, taking a cue from the directions issued by the Hon’ble High Court in the case of K.P. Rao (supra), we appoint a retired judge of this Court, Justice P. K. Chavan, as the Administrator of Respondent No. 4. We request Justice P. K. Chavan to assume charge, preferably within 15 days of receiving an authenticated copy of this order. 19. Furthermore, we request Justice P.K. Chavan to hold elections for the executive committee of Respondent No. 4 as swiftly as possible, and in any case, within four months from the date this order is served upon him. The Administrator is authorised and requested to take urgent steps to align the existing rules or the constitution of Respondent No. 4 with the sports code. In any event, such elections must be conducted in accordance with the Sports Code and the directives of the Hon’ble Delhi High Court regarding the applicability of the Sports Code. 20. The Respondent No. 4 shall pay all the reasonable fees to the Administrator. The Administrator is authorised to expend reasonable amounts for the day-to-day administration of the 4 th respondent and for holding meetings of the general body, if found necessary, and for the conduct of elections. The Administrator may submit a statement of fees to this court by filing an interim application in this disposed petition, and upon approval, appropriate the fees for his services. An amount of Rs. 1,00,000/- (Rupees One Lakh) shall be paid by the 4 th respondent to Hon’ble Justice P.K. Chavan at the time when he takes over the charge as the Administrator of the Respondent No. 4-Association. 21. An amount of Rs. 1,00,000/- (Rupees One Lakh) shall be paid by the 4 th respondent to Hon’ble Justice P.K. Chavan at the time when he takes over the charge as the Administrator of the Respondent No. 4-Association. 21. The present executive committee, who continue to hold on to power, must hand over charge to Hon’ble Justice P. K. Chavan and render full cooperation so that the rules and/or the constitution are aligned with the sports code and elections of the executive committee are conducted as early as possible and completed within the outer timeline now indicated by us in this order. 22. The Administrator must specify the timetable for the elections and organise them in such a way that an executive committee meeting all the standards outlined in the Sports Code is established as soon as possible to manage the affairs of Respondent No. 4. If the administrator wishes to seek secretarial assistance, he is free to do so and may utilise the necessary and reasonable funds of Respondent No. 4 for this purpose and for conducting the elections. 23. The Rule in this petition is made absolute without any order for costs. 24. All concerned are to act on an authenticated copy of this order. 25. The interim application does not survive and is disposed of. The interim order is hereby modified. 26. Liberty is granted to the Administrator to apply.