Uttar Pradesh Kho Kho Federation v. Kho Kho Federation of India

Delhi High Court · 04 May 2023 · 2023:DHC:3060

Prathiba M. Singh

W.P.(C) 5375/2023

2023:DHC:3060

administrative petition_allowed Significant

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The Delhi High Court directed the Kho Kho Federation of India to grant affiliation to the Uttar Pradesh Kho Kho Association within two weeks following court-supervised elections and prior judicial orders, emphasizing compliance with federation rules and judicial directions.

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2023:DHC:3060

W.P.(C) 5375/2023
HIGH COURT OF DELHI
Date of Decision: 4th May, 2023

W.P.(C) 5375/2023 & CM APPLs. 21014-16/2023
UTTAR PRADESH KHO KHO FEDERATION ..... Petitioner
Through: Mr. Hrishikesh Baruah, Ms. Vrinda Bhandari & Mr. Madhav Aggarwal, Advocates.

VERSUS

KHO KHO FEDERATION OF INDIA AND ORS ..... Respondents
Through: Mr. Sachin Chopra, Mr. Anuj Tyagi, Ms. Astha Gupta & Mr. Rahul Sharma, Counsels, Advs. R- 1 & 2, (M: 9654019931)
Ms. Nidhi Raman, CGSC with Mr. Zubin Singh, Mr. Mayank Sausanwal, Ms. Avshreya Pratap
Singh Rudy, Adv (GP) for R-UOI

CORAM:

JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J. (Oral)

JUDGMENT

1. This hearing has been done through hybrid mode. CM APPL. 21015/2023 (for exemption)

2. Allowed, subject to all just exceptions. Application is disposed of. CM APPL. 21016/2023 (permission to file lengthy synopsis and list of dates)

3. This is an application seeking permission to file lengthy synopsis and list of dates and events. For the reasons stated in the application, permission is granted. Application is disposed of. W.P.(C) 5375/2023 & CM APPL. 21014/2023 (seeking directions)

4. The present petition along with the present application has been filed by the Petitioner-Uttar Pradesh Kho Kho Association (hereinafter ‘UPKKA’) seeking various reliefs i.e. that the elections held on 27th October, 2021 under the supervision of Justice D.P. Singh (Retired) ought to be given effect to, and a Retired Judge ought to be appointed to inquire into the allegations against Respondent Nos. 1 and 2-Kho Kho Federation of India and Mr. M. S. Tyagi- General Secretary of Respondent No. 1 respectively.

5. The Petitioner-UPKKA has a grievance that the Respondent No. 1- Kho Kho Federation of India (hereinafter ‘KKFI’) despite elections being held under a Court appointed Election Officer, is not granting affiliation to the UPKKA as per the provisions of the Memorandum and Bye-laws of KKFI.

6. Mr. Baruah, ld. Counsel for the Petitioner has taken the Court through the various orders passed by this Court passed in the earlier writ petitions in this dispute.

7. Vide order dated 21st January, 2021, in W.P.(C) 863/2021 titled ‘Mukul Kumar v. Union of India’ involving the same association i.e UPKKA, this Court had considered the matter and had expressed surprise as to how the UPKKA was itself dissolved vide letter dated 19th December 2019 without the said issue being on the agenda of UPKKA dated 15th December 2019. After hearing the parties, the following order was passed in the said matter: “xxx xxx xxx

11. Heard ld. counsels for the parties. A perusal of the memorandum prima facie shows that the President is the ultimate authority in the UPKKA. After the elections conducted in 2017, which are not in dispute, Mr. Sanjay Pratap Singh was elected as the President of the UPKKA. Even the agenda of the meeting dated 15th December, 2019 does not reflect the discussion on an issue such as the dissolution of the association itself. Under these circumstances, reliance on letter dated 19th December, 2019 written by the President to the effect that there are irregularities and further making the said letter as the basis of the circular dated 30th January, 2021 appointing the IC, creates enormous suspicion. When the President himself was in-charge of the said association, it seems quite anomalous that the President claims that there were various irregularities in the functioning of the association and is then appointed as the Chairman of the IC.

12. This writ petition requires consideration. The first and foremost step which needs to be taken is to get the elections conducted for the UPKKA, inasmuch as the term of the said association is expiring in July,

2021. Accordingly, issue notice to the other Respondents, including the Chairman of the IC. Notice in the present petition be also served by the Petitioner on Respondent No.3. Ld. Counsel for Respondent No.4 has entered appearance. Notice is accepted on behalf of Respondent No.4.

13. Since the affairs of the UPKKA are now in the hands of the IC, the following directions are issued: a) There shall be no withdrawal of funds from the bank accounts of the UPKKA. b) Respondent No.3 shall place before this Court the accounts of the UPKKA for the last five years, including the balance sheets. The same shall also be supplied to Respondent No.2. c) Status quo shall be maintained in respect of the members of the UPKKA and no further members shall be inducted into the association. Insofar as the IC is concerned, this Court is of the opinion that some independent members should also be part of the IC of the UPKKA in the interregnum. Accordingly, parties are directed to make submissions on the next date on this aspect.

14. The Petitioners are also directed to place on record documents showing their interest in the sport of Kho-Kho or establishing that they are members of a District Association within one week with advance copies to the Respondents. Let short counter affidavits be filed by the Respondents within two weeks. Rejoinder thereto, if any, be filed within two weeks thereafter.”

8. Subsequently, in the same writ petition, vide order dated 9th August 2021 and 13th August 2021 an Election Officer was appointed to conduct the elections of the UPKKA. The said order reads as under: “xxx xxx xxx

6. The petition is, accordingly, disposed of by appointing Justice D.P. Singh, former Judge of the Allahabad High Court, Mobile No. (+91 8005498811) as Returning Officer for conducting the elections to the executive body of the Uttar Pradesh Olympic Association (UPOA). Since the parties are at a slight divergence on the aspect of the electoral college for the said elections, the Returning Officer to call for the list of the members forming the electoral college - both from U.P. Kho-Kho Olympics Association as also qua the U.P. Government's Sports Council and thereafter, finalize the electoral college after considering the objections of all aggrieved parties, including the Kho-Kho Federation of India i.e. respondent no.2 before this Court.”

9. The elections of the UPKKA were to be held under the independent Election Officer - Justice D.P. Singh (Retired). The observations of the Court are as under:

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“4. In the light of the aforesaid stand taken by the parties, I do not deem it necessary to decide the question whether the respondent no. 2’s action in

appointing an interim committee to look after the affairs of UPKKA by superseding the executive committee was justified.

5. Learned counsel for the petitioners, however, submits that in the facts of the present case - where the action of the respondent no.2 is under challenge, it is the said respondent i.e., the Kho-Kho Federation of India, which should bear the expenses for the election, but since the said respondent has taken a stand before this Court that it does not bear the expenses for elections to the executive committee of any State Association, the petitioner no.1/Secretary of the District Kho-Kho Association, Bijnor, in order to bring a quietus to this matter, states that the said association is willing to bear the expenses of the elections and pay the amount as maybe directed to the Returning Officer. He, however, submits that the District Kho-Kho Association, Bijnor would be collecting contributions from willing member associations of the UPKKA.

6. The petition is, accordingly, disposed of by appointing Justice D.P. Singh, former Judge of the Allahabad High Court, Mobile No. (+91-8005498811) as Returning Officer for conducting the elections to the executive body of the Uttar Pradesh Olympic Association (UPOA). Since the parties are at a slight divergence on the aspect of the electoral college for the said elections, the Returning Officer to call for the list of the members forming the electoral college - both from U.P. Kho-Kho Olympics Association as also qua the U.P. Government's Sports Council and thereafter, finalize the electoral college after considering the objections of all aggrieved parties, including the Kho-Kho Federation of India i.e. respondent no.2 before this Court.

7. Since learned counsel for the parties are agreeable that two observers - one from respondent no.2 and one from Uttar Pradesh Olympic Association (UPOA) be associated with the elections, the learned Returning Officer is requested to appoint two observers by directing the aforesaid two bodies to send one nominee each. It is expected that upon receiving a communication from the Returning Officer, both bodies will forthwith furnish names of their nominees.

8. The Returning Officer will be paid a sum of Rs.[3] lakh for conducting elections. The Returning Officer is requested to endeavour to complete the election process within a period of 10 weeks from today. It will be open for the Returning Officer to seek assistance from any party or association, as deemed appropriate.

9. It is made clear that merely because the petitioner no.1 has undertaken upon himself to bear the amount towards expenses for the election after making collections of contributions, it will not create any special right in his favour and it will open for the Returning Officer to determine whether District Kho- Kho Association, Bijnor, forms part of the electoral college, by following the process as noted hereinabove.

10. The petition is, accordingly, disposed of in the above terms.

11. Needless to state that in view of the directions being passed, this Court has not expressed any opinion on the rival contentions of the parties.

12. A copy of this order be sent to the learned Returning Officer.”

10. The elections were accordingly held on 27th October, 2021 under the supervision of Justice D.P Singh and the elected body was approved by the Election Officer. The election body consist of the following person: “FORM 15 DECLARATION OF RESULTS I, the Returning Officer for the above election, hereby declare subject to the provisions of Rules and Regulations of U.P. Kho-Kho Association, the following candidates as duly elected to the post(s) mentioned against their Names. Name of Post Name of Elected Candidate Chairman (1) 1. Dharmendra Singh President (1) 1. Sudha Rani Tiwari (Unopposed) Vice President (3) one reserve for women 1. Jai Prakash Sharma

2. Baij Nath Misra

3. Alpana Tyagi (Reserved) (Unopposed) General Secretary (1) 1. Chandra Bhanu Singh (Unopposed) Joint Secretary (3) 1. Dharmendra Pandey (Unopposed)

2. Mukul Kumar (Unopposed)

3. Sandeep Singh (Unopposed) Treasurer (1) 1. Kanak Chakradhar (Unopposed) Member Executive Council (9) 1. Amar Singh

2. Rohit Kumar

3. Alok Kumar

4. Ram Singh

5. Rajes Kumar Verma

6. Satendra singh

7. Brijendra Pratap Singh

8. Pankaj Kumar Dwivedi

9. Vinod Kumar Singh ”

11. Upon elections being concluded, UPKKA wrote to the KKFI on 23rd November 2021 seeking affiliation and recognition as per the provisions of the Memorandum and Bye-laws of KKFI.

12. Further, vide order dated 11th February 2022 in a contempt petition titled Mukul Kumar v. M. S. Tyagi bearing C.C.P No. 931/2021 this Court had directed the KKFI to conclude the process of granting affiliation to the UPKKA. The said order is as follows:

“2. The learned counsel for the petitioners submits most of the documents have already been supplied and, the remaining documents will be supplied within a period of two weeks or whenever the same is made available to the petitioners from the authorities concerned. Upon receipt of the said documents, the respondent will take a decision in four weeks thereof. 3. It will be open to the parties to approach the court in case of difficulty. 4. The petition along with the pending applications is disposed-off, in the above terms.”

13. Similar orders were passed by this Court on 31st October 2022 in another petition filed by the UPKKA in U.P. Kho Kho Association v. Indian Olympic Association bearing W.P.(C) 15048/2022. Vide the said order it was directed as follows:

“3. Before this Court it is admitted that the process for granting recognition to the elections which had subsequently been held by the petitioner is yet to be completed by the Kho Kho Federation of India [KKFI]. In that view of the matter, the Court finds no ground to entertain the challenge at the behest of the petitioner at this stage and till such time as the issue of its affiliation with KKFI is concluded finally in accordance with the directions issued by the Court. 4. In view of the aforesaid, the ends of justice would warrant KKFI being requested to complete the exercise contemplated in terms of the orders issued by the Court on 11 February 2022 with due expedition and after affording an opportunity of hearing to all concerned parties. Let the aforesaid exercise be concluded with

expedition and preferably within a period of six weeks from today.”

14. However, despite repeated orders of this Court, the affiliation to the UPKKA has not been granted by the KKFI till date despite almost one and a half years having passed by since the elections were conducted. No decision is being taken by the Respondent.

15. Today, the UPKKA has filed present petition seeking the grant of the affiliation by KKFI. The case of the Petitioner-UPKKA, is that it is due to Mr. M. S Tyagi’s interference and obstacles being created that the UPKKA is not being granted affiliation by KKFI. In fact, Mr. M. S Tyagi is attempting to float a parallel federation in the UP State namely the Uttar Pradesh Amateur Kho Kho Association (‘UPAKKA’) and create rifts between the various members. In order to support this submission, ld. Counsel has taken the Court through the letter dated 26th November, 2021 issued by the Respondent no. 3-Ministry of Youth Affairs and Sports, which clearly holds that Mr. M. S Tyagi has to demit office on attaining the age of 70 years on 8th April, 2023.

16. At this juncture, Mr. Sachin Chopra, ld. Counsel for the Respondent initially submitted that the issue of Mr. Tyagi’s continuance is pending before one man Committee of Justice Nageswara Rao, appointed by the Supreme Court. However, upon seeking a clarification again from the Court, Mr. Chopra has clarified that the issue of continuing as the General Secretary of KKFI after the completion of 70 years of age is pending before the said Committee.

17. It is clear to the Court that the question as to whether Mr. Tyagi can continue as the Secretary General of the KKFI or not, is a tangential issue to the present case.

18. Insofar as the Petitioner is concerned, despite repeated orders of the Court in the Contempt Petition in Mukul Kumar v. M. S. Tyagi (supra) and vide order dated 31st October, 2022, the processing of the Petitioner’s affiliation has not taken place. The timelines fixed vide the order dated 31st October, 2022 has also elapsed.

19. Today, further time is sought without any justification, in the Court’s opinion. Accordingly, it is directed that the KKFI shall, within the next two weeks process the grant of affiliation to the Petitioner as per the provisions of the Memorandum and Bye-laws of KKFI as the recognized State Body. The same shall be subject to further orders in this writ petition, after the counter affidavit is filed by the Respondent No. 1-KKFI.

20. Let a counter affidavit be filed within four weeks. Rejoinder be filed within four weeks, thereafter.

21. List before the Registrar on 18th July, 2023.

22. List before the Court on 3rd November, 2023.

PRATHIBA M. SINGH JUDGE MAY 4, 2023 Rahul/DN

Uttar Pradesh Kho Kho Federation v. Kho Kho Federation of India

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