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Delhi High Court

All India Carrom Federation vs Union Of India And Anr. on 29 May, 2017

Equivalent citations: AIRONLINE 2018 DEL 1055

Author: Vipin Sanghi

Bench: Vipin Sanghi, Najmi Waziri

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*       IN THE HIGH COURT OF DELHI AT NEW DELHI

+                                              Date of Decision: 29.05.2017

%       LPA 407/2017 and CM APPL. 20547/2017

        ALL INDIA CARROM FEDERATION                 .....   Appellant
                          Through:     Mr. Vivek Dheesh Narayan in person.


                          versus

        UNION OF INDIA AND ANR                      .....   Respondents
                          Through:     Mr. Bhagvan Swarup Shukla, CGSC
                                       and Mr. Shambhu Chaturvedi,
                                       Advocate for respondent No.1/UOI.
                                       Mr. Aseem Malhotra & Mr. Devang
                                       Gautam, Advocates for respondent
                                       No.2.

        CORAM:
        HON'BLE MR. JUSTICE VIPIN SANGHI
        HON'BLE MR. JUSTICE NAJMI WAZIRI

VIPIN SANGHI, J. (ORAL)

1. Issue notice. Notice is accepted by Mr. Shukla on behalf of respondent No.1/ UOI. Mr. Malhotra accepts notice on behalf of respondent No.2.

2. The present Letters Patent Appeal is directed against the order dated 17.05.2017, whereby the appellant/ petitioner's application, i.e. C.M. No. 18735/2017 seeking early hearing in W.P.(C.) No.3314/2016 was dismissed by the learned Single Judge.

3. The appellant-represented by Mr. V.D. Narayan, who claims himself to be General Secretary of the petitioner Federation, i.e. All-India Carrom Federation, submits that early hearing of the writ petition was sought in view of the fact that the impugned communication dated 04.02.2016 issued by the Government of India, Ministry of Youth Affairs and Sports had the effect of jeopardizing the functioning of the appellant Federation, since the Government held that the election results - in respect of the elections held on 29.11.2015, were not valid on the ground of violation of election guidelines of the National Sports Code, and the Government directed that the appellant should hold fresh elections. The effect of the said communication was that the appellant Federation - as represented by the elected body, elected during the elections held on 29.11.2015, was not being able to function and interact with the International Federation. At the same time, the Federation is not being able to hold the various events which it is required to under its mandate in respect of the sport of Carrom in the country.

4. We have heard Mr. V.D. Narayan, Mr. Shukla on behalf of respondent No.1/ UOI and Mr. Malhotra on behalf of respondent No.2.

5. When the matter was taken up on the last date of hearing, i.e. 26.05.2017, we had suggested that the Court may appoint an Ad-hoc Committee-with representation of the petitioner, the other faction represented by respondent No.2, ex-players, and with a senior officer in the Ministry of Sports so that the functioning of the Federation is not jeopardized till the writ petition is disposed of.

6. In that respect, Mr. Shukla had tendered, in Court, an email communication dated 26.05.2017 received from the Under Secretary, Ministry of Youth Affairs and Sports, Government of India Mr. A.K. Patro. The said communication states that the matter had been discussed with the Secretary (Sports) Dr. Sagar Preet Hooda. The respondent No.1 is agreeable that the Director (Sports) may head the Ad-hoc Committee. It was also stated that the two ex-players - one male and one female, could also be part of the Committee.

7. Since the Ad-hoc Committee would function for and on behalf of the appellant Federation, it is agreed that Mr. V.D. Narayan and respondent No.2, namely, Mr. S. Udayakumar be also made a part of the said Ad-hoc Committee. We are inclined to include Mr. V.D. Narayan as well as the respondent No.2 as a part of the Ad-hoc Committee, also for the reason that the International Federation corresponds with and recognizes the Indian Federation while functioning through its office bearers - whose particulars are communicated to the international body. It is informed that, presently, Mr.V.D. Narayan is the person authorized to deal with the international body. The two ex-players whose consent has been taken for inclusion in the Ad-hoc Committee are Mr. A. Maria Irudyam (Mobile No.9841306430) and Ms. Kunja Phanse (Mobile Nos. 9427329822, 9427033879).

8. Accordingly, the Ad-hoc Committee is constituted by this Court consisting of the Director (Sports) as the Chairperson; Mr. A. Maria Irudyam and Ms. Kunja Phanse as the two ex-players male and female respectively; Mr. V.D. Narayan and Mr. Uday Kumar as the other members. The Committee shall function under the chairmanship of the Director LPA 407/2017 Page 3 of 5 (Sports). The decisions shall be taken by the Committee preferably unanimously. However, in case there is a tie, the decision shall be taken by the Chairman, i.e. the Director (Sports), who shall have the casting vote.

9. The decisions of the Committee shall be deemed to be decisions of the Federation, and in case any communication is required to be addressed to the International Federation regarding the said decisions, Mr. V.D. Narayan shall appropriately send a communication in terms of the decisions taken by the Committee. The Federation shall be deemed to be recognized in respect of the decisions taken by the Committee on its behalf. In accordance with the decision taken by the Committee, Mr. V.D. Narayan shall issue the Railway Concession Forms and the Prospectus to the players.

10. The functioning of the Committee shall not lead to any financial burden on the Government or its members, and all the expenses incurred by the Committee towards holding its meetings shall be to the account of the Federation. The Committee shall, in its functioning, keep in mind the mandate of the Federation; the calendar of the Federation; as well as the national and international obligations in relation to the sports of Carrom.

11. The first meeting of the Committee shall be held on 09.06.2017 at 11:30 a.m. in the office of the Director (Sports). No further communication/ notice in respect of the said meeting shall be required to be given to the appellant or respondent No.2. However, this order shall be communicated to the ex-player members by this Court as well as by the appellant under recorded delivery within four days.

12. This Committee has been formed with the consent of all the parties LPA 407/2017 Page 4 of 5 present. It is made clear that constitution of the Committee shall not vest any rights in either of the contesting factions/ parties and, while formulating this Committee, this Court has not reflected on the merits of the claims of either of the two factions. It is hoped that the Committee shall function keeping in view the interest of the sport of Carrom and its players in India. The Committee shall exist till the writ petition is disposed-off, and appropriate orders are passed in the writ proceedings in relation to the functioning of the Federation by the Court.

13. The appeal stands disposed-off in the aforesaid terms.

14. Dasti under signatures of the Court Master.

VIPIN SANGHI, J.

NAJMI WAZIRI, J MAY 29, 2017 B.S. Rohella LPA 407/2017 Page 5 of 5