Madras High Court
Krishnagiri District 635 vs Government Of Tamil Nadu on 8 February, 2019
Author: R.Subramanian
Bench: R.Subramanian
A.Nos.1153, 1554, 1555 of 2019
in A.No.1774 of 2019 & OA No.128 of 2019
in CS No.126 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on Delivered on
27.08.2019 27.09.2019
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
Application Nos.1153, 1554, 1555 of 2019
in A.No.1774 of 2019 & OA No.128 of 2019
in CS No.126 of 2019
In Appl. No.1153/2019 & OA No.128/2019
1. Pennar Senior FC
Rep. By its Secretary Mr.K.Tamilselvan
Pudur Village, Malaiyandhalli Post,
Krishnagiri District 635 112.
2. Intermillan FC
Rep. By its President Mr.K.R.Murali
Vivek Garden,
Hosur,
Krishnagiri District 635 109
3. Krishnagiri Town FC
Rep. By its Secretary Mr.V.K.Murali,
2/233, Priya House,
Chennai By-pass Road,
Krishnagiri District 635 001.
1/52
http://www.judis.nic.in
A.Nos.1153, 1554, 1555 of 2019
in A.No.1774 of 2019 & OA No.128 of 2019
in CS No.126 of 2019
4. St.Antony's FC
Rep. By its Secretary Mr.E.Arockiaraj
220/B, KTM Nagar, Elathagiri Post,
Bargur Taluk, Krishnagiri District 635 108.
5 Dynamo FC
Rep. By its Secretary Mr.P.K.Balu,
31/40 E, Royakottai Road,
Opp. Srinivasa Theatre,
Hosur, Krishnagiri District 635 109.
6 Trinity FC
Rep. By its Secretary Mr.N.Deepraj
2/136A, Pethathalapalli Village and Post
Krishnagiri District 635 001.
7. Hosur Town FC
Rep. By its Secretary Mr.K.Venkatesh
42, Nehru Nagar, Opp. Railway Station,
Hosur, Krishnagiri District 635 109.
8. Maharishi VidhyaMandir FC
Rep. By its Secretary Mr.M.Shankar
5/39, Dasarpet, Hosur.
Krishnagiri District 635 109.
9. MGR College FC
Rep. By its Secretary Mr.R.Jothibasu
MGR College, Hosur,
Krishnagiri District 635 109.
10. Government Boys Higher Secondary School FC
Rep. By its Secretary Mr.Alphones Albert
4/213 -4, Sanjeev Nagar, Ponmalaikoil Street,
Ponmalaikoil Street, Kattiganapali,
2/52
http://www.judis.nic.in
A.Nos.1153, 1554, 1555 of 2019
in A.No.1774 of 2019 & OA No.128 of 2019
in CS No.126 of 2019
Krishnagiri District 635 001.
11. Pennar Junior FC
Rep. By its Secretary Mr.C.Sasikumar,
3/210 A, ARS Nagar, Kaveripaatinam,
Krishnagiri District 635 112.
12. Krishnagiri District Football Association,
Rep. By its Secretary Mr.C.Sasikumar,
32, Bharathiyar Street, Newpet,
Krishnagiri – 635 001. ... Applicants in A.1153/2019
& OA 128/2019
Vs
1. Government of Tamil Nadu,
Rep. By its Secretary,
Commercial Taxes and Registration Department,
Namakkal Kavignar Maligai,
Fort St. George, Chennai 600 009.
2. The Registrar of Societies,
District Registrar Office Central Chennai,
268, Bharathisalai, Express Estate,
Royapettah, Chennai 600 014.
3. Inspector General of Registration
100, Santhome High Road,
Mylapore, Chennai 600 028.
4. Tamil Nadu Football Association,
73, Jawaharlal Nehru Stadium,
Park Town, Chennai 600 003. ... Respondents in A.1153/2019
& OA 128/2019
3/52
http://www.judis.nic.in
A.Nos.1153, 1554, 1555 of 2019
in A.No.1774 of 2019 & OA No.128 of 2019
in CS No.126 of 2019
Prayer in Appl. No.1153 of 2019: Application is filed under Order XIV
Rule 8 of the Original Side Rules read with Section 151 of of the Code of
Civil Procedure, praying to grant an interim direction to supersede the
fourth respondent and appoint an Administrator to conduct the elections for
the fourth respondent after following the mandatory provisions of the fourth
respondent's bye-law and Tamil Nadu Societies Registration Act, 1975.
In Appl. Nos.1554 & 1555 of 2019
1. Pennar Junior FC
Rep. By its Secretary Mr.C.Sasikumar,
3/210 A, ARS Nagar, Kaveripaatinam,
Krishnagiri District 635 112.
2. Krishnagiri District Football Association,
Rep. By its Secretary Mr.C.Sasikumar,
32, Bharathiyar Street, Newpet,
Krishnagiri – 635 001. ... Applicants in A.1554 & 1555/2019
Vs
1. Tamil Nadu Football Association,
73, Jawaharlal Nehru Stadium,
Park Town, Chennai 600 003.
Rep by its President.
2. J.Jesiah Villavarayar
4/52
http://www.judis.nic.in
A.Nos.1153, 1554, 1555 of 2019
in A.No.1774 of 2019 & OA No.128 of 2019
in CS No.126 of 2019
3. Sivanandan
4. K.Radha Krishnan
5. N.Balasubramanian
6. R.Rajasekaran
7. P.N.Ravikumar
8. Suresh J. Manoharan ... Respondents in A.1554 & 1555/2019
Prayer in Appl. No.1554 of 2019: Application is filed under Order XIV
Rule 8 of the Original Side Rules read with Order XXXIX Rule 2A of the
Code of Civil Procedure, 1908, praying to punish the fourth respondent in
OA No.128 of 2019 and respondents 2 to 8 herein as well as for willful
disobedience of this Hon'ble Court order dated February 08, 2019 passed
in OA No.128 of 2019 in CS No.126 of 2019.
Prayer in Appl. No.1555 of 2019: Application is filed under Order XIV
Rule 8 of the Original Side Rules read with Section 151 of the Code of Civil
Procedure, 1908, praying to set-aside the election and decisions taken at
Annual Ordinary Congress held on 09.02.2019 at Hotel Green Palace,
SNM Green City, Vilar, Trichy – Nagai Express way, Thanjavur 613 006.
5/52
http://www.judis.nic.in
A.Nos.1153, 1554, 1555 of 2019
in A.No.1774 of 2019 & OA No.128 of 2019
in CS No.126 of 2019
Prayer in O.A. No.128 of 2019: Application is filed under Order XIV Rule
8 of the Original Side Rules read with Order XXXIX Rule 1 and 2 of the
Code of Civil Procedure, 1908, praying to grant interim injunction
restraining the present office bearers of the fourth respondent Association,
their men, agents and associates from convening the proposed 83rd Annual
Ordinary Congress to be held on 09.02.2019 at Hotel Green Palance, SNM
Green City, Vilar, Trichy – Nagai Express way, Thanjavur 613 006 or at any
other place and any similar meeting on subsequent dates until final
disposal of the present suit.
In A.No.1774 of 2019
Tamil Nadu Football Association,
73, Jawaharlal Nehru Stadium,
Park Town, Chennai 600 003. ... Applicant in A.1774 of 2019
Vs.
1. Pennar Senior FC
Rep. By its Secretary Mr.K.Tamilselvan
Pudur Village, Malaiyandhalli Post,
Krishnagiri District 635 112.
2. Intermillan FC
6/52
http://www.judis.nic.in
A.Nos.1153, 1554, 1555 of 2019
in A.No.1774 of 2019 & OA No.128 of 2019
in CS No.126 of 2019
Rep. By its President Mr.K.R.Murali
Vivek Garden,
Hosur, Krishnagiri District 635 109
3. Krishnagiri Town FC
Rep. By its Secretary Mr.V.K.Murali,
2/233, Priya House,
Chennai By-pass Road,
Krishnagiri District 635 001.
4. St.Antony's FC
Rep. By its Secretary Mr.E.Arockiaraj
220/B, KTM Nagar, Elathagiri Post,
Bargur Taluk, Krishnagiri District 635 108.
5 Dynamo FC
Rep. By its Secretary Mr.P.K.Balu,
31/40 E, Royakottai Road,
Opp. Srinivasa Theatre,
Hosur, Krishnagiri District 635 109.
6 Trinity FC
Rep. By its Secretary Mr.N.Deepraj
2/136A, Pethathalapalli Village and Post
Krishnagiri District 635 001.
7. Hosur Town FC
Rep. By its Secretary Mr.K.Venkatesh
42, Nehru Nagar, Opp. Railway Station,
Hosur, Krishnagiri District 635 109.
8. Maharishi VidhyaMandir FC
Rep. By its Secretary Mr.M.Shankar
5/39, Dasarpet, Hosur.
Krishnagiri District 635 109.
7/52
http://www.judis.nic.in
A.Nos.1153, 1554, 1555 of 2019
in A.No.1774 of 2019 & OA No.128 of 2019
in CS No.126 of 2019
9. MGR College FC
Rep. By its Secretary Mr.R.Jothibasu
MGR College, Hosur,
Krishnagiri District 635 109.
10. Government Boys Higher Secondary School FC
Rep. By its Secretary Mr.Alphones Albert
4/213 -4, Sanjeev Nagar, Ponmalaikoil Street,
Ponmalaikoil Street, Kattiganapali,
Krishnagiri District 635 001.
11. Pennar Junior FC
Rep. By its Secretary Mr.C.Sasikumar,
3/210 A, ARS Nagar, Kaveripaatinam,
Krishnagiri District 635 112.
12. Krishnagiri District Football Association,
Rep. By its Secretary Mr.C.Sasikumar,
32, Bharathiyar Street, Newpet,
Krishnagiri – 635 001.
13.Government of Tamil Nadu,
Rep. By its Secretary,
Commercial Taxes and Registration Department,
Namakkal Kavignar Maligai,
Fort St. George, Chennai 600 009.
14.The Registrar of Societies,
District Registrar Office Central Chennai,
268, Bharathisalai, Express Estate,
Royapettah, Chennai 600 014.
15. Inspector General of Registration
100, Santhome High Road,
Mylapore, Chennai 600 028. ... Respondents in A.1774/2019
8/52
http://www.judis.nic.in
A.Nos.1153, 1554, 1555 of 2019
in A.No.1774 of 2019 & OA No.128 of 2019
in CS No.126 of 2019
Prayer in A. No.1774 of 2019: Application is filed under Order XIV Rule 8
of the Original Side Rules read with Order XXXIX Rule 4 of the Code of
Civil Procedure, 1908, praying to vacate the interim order passed in
OA.No.128 of 2019 in CS.No.126 of 2019 dated 08.02.2019.
For Applicants : Mr.N.L.Rajah, SC
for Mr.K.Seshasayee
For Respondents : Mr.AR.L. Sunderasan, SC
for M/s.AL.Ganthimathi
C O M M ON O R D E R
All these applications relate to the management of the affairs of the Tamil Nadu Football Association. Considering the fact that there are several applications, the parties will be referred to as per their rank in the suit.
2. The plaintiffs who are members of the Krishnagiri District Football Association and the Krishnagiri District Football Association, represented by its Secretary one Mr.C.Sasikumar, have filed the above suit in CS 9/52 http://www.judis.nic.in A.Nos.1153, 1554, 1555 of 2019 in A.No.1774 of 2019 & OA No.128 of 2019 in CS No.126 of 2019 No.126 of 2019 seeking a declaration that the notices dated 07.01.2019 and 22.01.2019 issued by the fourth defendant for convening the 83rd Annual Ordinary Congress to be held on 09.02.2019 at Hotel Green Palace, SNM Green City, Vilar, Trichy-Nagai Express way, Thanjavur 613 006, as null and void and for consequential injunctions.
3. The Management of the fourth defendant Association is governed by the statutes. Article 9 of the statutes provides for various categories of members in the fourth defendant Association. They are
a) Active Members (District Football Association)
b) Ordinary Members (District Football Association)
c) Tamil Nadu Women’s Football Committee as Associate member. The District Football Associations that comply with the following qualifications are classified as Active District Football Associations:
1. Have sixteen (16) Active Clubs or more
2.Conducts the district annual leagues for all its members providing each of them with a minimum of sever (7) matches in the league.
10/52
http://www.judis.nic.in A.Nos.1153, 1554, 1555 of 2019 in A.No.1774 of 2019 & OA No.128 of 2019 in CS No.126 of 2019
3. Conducts Annual Schools Tournament for schools in its jurisdiction.
4. Participates in all the State Championships for Men
5. Holds its General and Executive Committee Meetings in accordance with the articles of the statutes every year.
6. And are not otherwise disqualified either by TFA or DFA shall be in the category of “ACTIVE DFAs”
4. The other District Football Associations are classified as Ordinary Members. It is not in dispute that the Krishnagiri District Football Association is an active member of the Tamil Nadu Football Association, namely, the fourth defendant. The voting rights of the members of the fourth defendant Association are governed by Article 25 of the statutes. The election of the Managing Committee of the fourth defendant is held at the Annual Congress of the delegates of all active members. The composition of the congress is as follows:
Article 25 Composition of Congress 25.1 The congress is composed of President, 11/52 http://www.judis.nic.in A.Nos.1153, 1554, 1555 of 2019 in A.No.1774 of 2019 & OA No.128 of 2019 in CS No.126 of 2019 Five Vice Presidents, a Treasurer, Members of Executive Board, Delegates of DFAs, Tamilnadu Women’s Football Committee, Referees Committee, Observers of Sports Development Authority of Tamilnadu and Tamilnadu Olympic Association.
The number of delegates is allocated as follows:
a) For each Active DFA, Delegates nominated by its EC from its Active Clubs are as given below:
20 Active Members and more : Three Delegates 40 Active Members and more : Four Delegates 60 Active Members and more : Five Delegates 80 Active Members and more : Six Delegates (Vice Presidents, Treasurer and Executive Board Members shall be among the delegates nominated by their respective DFAs)
b) For each ordinary member one delegate.
c) For the T.W.F.C. – one delegate.
d) For TFA Referees’ Committee – one delegate.
12/52 http://www.judis.nic.in A.Nos.1153, 1554, 1555 of 2019 in A.No.1774 of 2019 & OA No.128 of 2019 in CS No.126 of 2019
e) For Sports Development Authority of Tamilnadu – one observer.
f) For Tamilnadu Olympic Association – one
observer.
g) Any third party in consultative capacity invited by the President or Executive Board.
5. As per Article 29, the delegates of the active members allocated as per the Article 25.1 (a) shall have one vote each in the Congress. It is also provided that only the delegates who are present at the Congress can vote and voting by proxy is not allowed. The Ordinary Members do not have a voting right in the congress. The agenda of the Ordinary Congress is to be drawn up by the General Secretary, based on the proposal by the Executive Board or the members.
6. Article 33 of the statutes which provides for elections and other decisions. Article 33(1) provides that all elections shall be conducted by secret ballot. The candidates shall be elected by a simple majority, the 13/52 http://www.judis.nic.in A.Nos.1153, 1554, 1555 of 2019 in A.No.1774 of 2019 & OA No.128 of 2019 in CS No.126 of 2019 tenure of the governing body or the Executive Board is four years under Article 36(3) of the statutes.
7. Similarly, the District Football Associations are also governed by the statutes. Article 11 provides for membership in the District Football Associations. The members can be Football Clubs, Institutions, Corporates and Government Departments, Banks, Public Sector Undertakings and units of service Sports Control Board and Railway Sports Promotion Board located within the jurisdiction of the District Football Association. The statutes of the District Football Associations recognised the fourth defendant, namely, the Tamil Nadu Football Association as the Apex body in the State.
8. The District Football Associations are also given the discretion to classify their members as Active and ordinary members based on the strength of their performance. An Active Club or an Active Member of the District Football Association has the following rights:
Article 13 Rights and Obligations of a Member 14/52 http://www.judis.nic.in A.Nos.1153, 1554, 1555 of 2019 in A.No.1774 of 2019 & OA No.128 of 2019 in CS No.126 of 2019 “The Active Clubs” shall have the following rights. a. to take part in the General body and other Meetings of DFA b. to participate in the eligible competitions of DFA c. to have the rights of participating, voting and seeking election in the General Body d. to exercise all other rights arising from the Statutes and regulations of DFA Note: The exercise of these rights is however subject to other provisions in the Statutes and applicable regulations.
9. The Ordinary Members or the Ordinary Clubs do not have voting rights in the meetings. But they can participate as observers, apart from being entitled to take part in competitions. Article 21 provides for conduct of elections for the Executive Committee of the District Football Association. The total number of members of the Executive Committee varies according to the number of Active Clubs, who are members of the 15/52 http://www.judis.nic.in A.Nos.1153, 1554, 1555 of 2019 in A.No.1774 of 2019 & OA No.128 of 2019 in CS No.126 of 2019 District Football Association. Article 22 provides that Election shall be conducted by Secret ballot. Article 25 provides for Extra Ordinary General Body Meetings. Article 25.2 make its obligatory on the part of the District Football Association to convene an Extra Ordinary General Body Meeting, at request of 1/3rd of the members, namely Active Clubs with voting rights to make a request for such meeting. If the meeting is not held within 40 days from the date of receipt of such request, the requesters are entitled to convene the meeting themselves, according to the regulations and statutes with the help and guidance of the Tamil Nadu Foot Ball Association. Article 23 of the Statutes of the District Football Association provides that the term of the office of the Executive Committee shall be for a period of four years.
10. Having extracted the rules governing the administration of the Tamil Nadu Football Association, the fourth defendant and the District Football Association, I shall now deal with the controversy in the present suit.
11. According to the plaintiffs 1 to 11, who are active members of the 16/52 http://www.judis.nic.in A.Nos.1153, 1554, 1555 of 2019 in A.No.1774 of 2019 & OA No.128 of 2019 in CS No.126 of 2019 Krishnagiri District Football Association, the earlier election for electing the Executive Committee of the Krishnagiri District Football Association was held in the year 2014, since the elections were not conducted, nearly 10 Active Members of the Krishnagiri Football Association had submitted a letter dated 18.09.2018 seeking conduct of a meeting of the office bearers to discuss the following subjects (1) Functionality and the various activities of the District Association so far (2) Conduct of league matters and (3) Election of office bearers
12. This letter was received by the President on 19.09.2018, as per the acknowledgment found therein. A remainder was also sent on 26.09.2018. Since there was no response, one P.K.Balu describing himself as the Public Relation Officer of the Krishnagiri District Football Association, wrote to the President of the Tamil Nadu Football Association pointing out the various irregularities that have been happening in the management and running of the Krishnagiri District Football Association 17/52 http://www.judis.nic.in A.Nos.1153, 1554, 1555 of 2019 in A.No.1774 of 2019 & OA No.128 of 2019 in CS No.126 of 2019 and seeking election for the Krishnagiri District Football Association. Since there was no response as per Clause 25 of the statutes of the District Football Associations, the requesters namely, the 10 Active member clubs issued a notice on 04.12.2018, inviting nomination of a representative to attend the Extra Ordinary General Meeting called for on 28.12.2018, the member clubs were required to send their nominations by 13.12.2018. One Mr.Syed Siddiq Basha, a renowned football player was appointed as the Returning Officer for the election. Twelve Member clubs have nominated either their Presidents or Secretaries or Members and the list of valid nominations was published on 13.12.2018.
13. Pursuant to the said notice a Special General Body meeting was held on 28.12.2018 and a new set of office bearers were elected. On 02.01.2019, the new office bearers had communicated the election to the Tamil Nadu Foot Ball Association. Curiously, the cover containing the said communication which was sent by post was returned as refused by the fourth defendant Association. The Tamil Nadu Football Association by its notice dated 07.01.2019, informed its members that the Annual Congress 18/52 http://www.judis.nic.in A.Nos.1153, 1554, 1555 of 2019 in A.No.1774 of 2019 & OA No.128 of 2019 in CS No.126 of 2019 of the Tamil Nadu Football Association to be held on 09.02.2019 at 10.30 a.m. On 08.01.2019, the Krishnagiri District Foot Ball Association had written to the fourth defendant complaining that its representatives was not allowed to attend the Executive Board Meeting to be held at Neyveli dated 06.01.2019, on the ground that the nominees authorised by the erstwhile Secretary Mr. Stalin Jeyakumar have been allowed to attend the meeting.
14. The fourth defendant Association sent a reply on 09.01.2019 refusing to recognise the office bearers elected on 28.12.2018 meeting of the Krishnagiri District Football Association, thereafter, the impuged notices were issued calling for the Annual Congress of the Tamil Nadu Football Association at 10.30 a.m. on 09.02.2019, here again the nominations for the congress were sought for from the erstwhile officer bearers of the Krishnagiri District Football Association. It is at this juncture, the plaintiffs have come forward with the above Suit seeking a declaration that the impugned notices calling for the Annual Congress on 09.02.2019 and other reliefs for injunction.
19/52 http://www.judis.nic.in A.Nos.1153, 1554, 1555 of 2019 in A.No.1774 of 2019 & OA No.128 of 2019 in CS No.126 of 2019
15. Pending suit they also sought for injunction restraining the respondents from going ahead with the Annual Congress on 09.02.2019. Though interim injunction was granted on 08.02.2019 and according to the applicants, the order was communicated to the defendants particularly, the fourth defendant and the office bearers of the fourth defendant went on with the meeting on 09.02.2019. Complaining that the conduct of the meeting on 09.02.2019 amounts to willful disobedience of the order of this Court made in OA No.128 of 2019 on 08.02.2019, the plaintiffs have filed Application No.1153 of 2019 seeking interim direction to supersede the fourth respondent and appoint an Administrator to conduct the elections for the fourth respondent after following the mandatory provisions of the Statutes and the Tamil Nadu Societies Registration Act 1975. Application No.1555 of 2019, has been filed seeking to set aside the election and decisions taking at Annual Ordinary Congress held on 09.02.2019. Application No.1554 has been filed seeking to punish the office bearers of the fourth respondent for willful disobedience of the order dated 08.02.2019 passed in OA No.128 of 2019. The fourth defendant has come forward with the Application in Application No.1774 of 2019 seeking to vacate the 20/52 http://www.judis.nic.in A.Nos.1153, 1554, 1555 of 2019 in A.No.1774 of 2019 & OA No.128 of 2019 in CS No.126 of 2019 interim order granted in OA No.128 of 2019.
16. The fourth defendant also filed an application under Section 8 of the Arbitration and Conciliation Act, seeking stoppage of the entire proceedings to refer the suit for Arbitration claiming that the statutes, particularly Article 66 and 67 of the fourth respondent Association provide for Arbitration. Section 8 application was taken for disposal and the same was dismissed on 28.06.2019 and the applications for injunction, vacate injunction and other directions were taken up subsequently.
17. The fourth defendant would resist these applications contending that as per the records of the fourth defendant, the term of the office bearers of the Krishnagiri District Football Association came to an end by June 2018. Elections have been conducted and new office bearers were elected and their term comes to an end only by July 2022. In view of the same, the fourth defendant is not in a position to accept the communication sent by persons claiming themselves to be office bearers having been elected in the meeting held on 28.12.2018. It is also claimed that the 21/52 http://www.judis.nic.in A.Nos.1153, 1554, 1555 of 2019 in A.No.1774 of 2019 & OA No.128 of 2019 in CS No.126 of 2019 dispute inter se between two groups of persons in the Krishnagiri District Football Association cannot be used to scuttle the elections and administration of the Apex body namely, the Tamil Nadu Football Association.
18. It is also claimed that the very suit itself has been filed by the applicant as the instigation of the Chennai Football Association which filed a Writ Petition in WP No.3741 of 2019 seeking stay of the elections. The said Writ Petition was also moved on the same day, namely 08.02.2019 and this Court refused interim orders. After having failed to obtain interim orders in the said Writ Petition, the applicants have come forward with the present suit which is nothing but a replica of the affidavit in the Writ Petition and had obtained interim orders restraining the Annual Congress from being held on 09.02.2019.
19. It is the further contention that the Annual Congress was held on 09.02.2019 without knowledge of the interim order passed by this Court. It is the further contention that some of the plaintiffs, who had signed the 22/52 http://www.judis.nic.in A.Nos.1153, 1554, 1555 of 2019 in A.No.1774 of 2019 & OA No.128 of 2019 in CS No.126 of 2019 affidavit as well as the plaint have now informed the fourth defendant Association that the persons either did not signs such affidavits or that the persons, who had signed on their behalf, were not authorised to do so.
20. In answer to the contention of the applicants that the statutes of the Association are in violation of the Societies Registration Act, inasmuch as, they provide the term of the office bearers as four years, when the Tamil Nadu Societies Registration Act, provides the term of office bearers of any society registered under the said Act, shall be only for three years, the fourth defendant would contend that the statutes have been approved by the Registrar of Societies and therefore, they are valid, dehors the provisions of the Tamil Nadu Societies Registration Act 1975.
21. I have heard Mr.N.L.Rajah, learned Senior Counsel assisted by Mr.K.Seshasayee, for the plaintiffs and Mr.AR.L.Sunderasan, learned Senior counsel assisted by Mrs.AL.Ganthimathi, appearing for the fourth defendant/respondent as well as the respondents 2 to 8 in Application No.1554 of 2019.
23/52 http://www.judis.nic.in A.Nos.1153, 1554, 1555 of 2019 in A.No.1774 of 2019 & OA No.128 of 2019 in CS No.126 of 2019
22. Mr.N.L.Rajah, learned Senior Counsel appearing for the plaintiffs would contend that as per the statutes of the Tamil Nadu Football Association, the delegates for the Annual Congress of the said Association will have to be nominated by the respective District Football Association, which are active members of the Tamil Nadu Football Association. While it is not in dispute that the Krishnagiri District Football Association is active member of the Tamil Nadu Football Association, the Congress conducted without affording a representation to the delegates of the Krishnagiri District Football Association is illegal. It is the further contention of Mr.N.L.Rajah that as per the statutes of the District Football Association, if the Extraordinary General Body Meeting is not held within 40 days of the request. The requesters have a right to hold the meeting themselves. It is in compliance with the said provision, namely, Statute 25 of the District Football Associations the requesters had convened the Extra Ordinary General Meeting held on 28.12.2018 and had elected the new office bearers. He would also add that no election was conducted for the Krishnagiri District Football Association as claimed by the fourth 24/52 http://www.judis.nic.in A.Nos.1153, 1554, 1555 of 2019 in A.No.1774 of 2019 & OA No.128 of 2019 in CS No.126 of 2019 defendant. In the absence of any other election, the office bearers, whose term of office was over admittedly by June 2018, had no right to continue an office and also represent the Krishnagiri District Football Association.
23. Mr.N.L.Rajah, learned Senior Counsel would also contend that as per the provisions of Section 15 of the Tamil Nadu Societies Registration Act, the term of office of any Executive Committee of a Registered Society, shall not exceed three years. Therefore, the provision in the statute of the fourth defendant Association enabling the term of office to continue beyond three years itself is invalid. Therefore, according to N.L.Rajah, the Executive Committee of the fourth defendant Association had no right to convene the Annual Congress on 09.02.2019, when the period of their office itself had expired even before the said date.
24. Mr.N.L.Rajah, learned Senior Counsel would also point out that the office bearers of the Tamil Nadu Football Association, namely, the fourth defendant, were elected at the Congress held on 20.09.2014 and they assumed Office on 21.09.2014. If their tenure is taken as three years, 25/52 http://www.judis.nic.in A.Nos.1153, 1554, 1555 of 2019 in A.No.1774 of 2019 & OA No.128 of 2019 in CS No.126 of 2019 it had expired on 19.09.2017, even assuming without admitting that their tenure can extend up to four years in view of the Statutes, the term of office had expired on 19.09.2018. Therefore, according to Mr.N.L.Rajah, the Annual Congress convened on 19.2.2019 by a set of people, whose term of office had already expired is illegal and without Authority. Therefore, any decision taken at the said Congress is not valid.
25. To sum up the three main contentions of the learned Senior Counsel for the plaintiffs are:
(1) In view of the fact that the actual elected representatives of the Krishnagiri District Football Association were not allowed to nominate their members for the Congress to be held on 09.02.2019, the proceedings of the Congress are vitiated.
(2) In view of the provisions of Section 15 (4) of the Tamil Nadu Societies Registration Act, the term of office of the office bearers, who were elected on 20.09.2014 had expired on 19.09.2017 and therefore, the very Congress convened by 26/52 http://www.judis.nic.in A.Nos.1153, 1554, 1555 of 2019 in A.No.1774 of 2019 & OA No.128 of 2019 in CS No.126 of 2019 those persons, whose tenure of office had expired is illegal and any decision taken thereon is not binding on the members of the fourth defendant Association.
(3) Even assuming that the tenure of Office can be four years, the term of office had expired on 19.09.2018 itself and therefore, the present incumbent had no authority to convene the Annual Congress on 09.02.2019.
26. Contending contra Mr.AR.L.Sunderasan, learned Senior Counsel appearing for the respondents would submit that being the Parent Body or the Apex Body, the fourth defendant has to go by the available records. The records available with the fourth defendant revealed that the election of the office bearers of the Krishnagiri District Football Association was held on 27.05.2018 and the following were elected as office bearers.
President :Mr.H.Syed Ameen
Vice President :Mr.G.Devarajulu, Mr.A.Simon George
Secretary :Mr.N. Stalin Jeyakumar
Treasurer :Mr.N.Chandrasekaran
27/52
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A.Nos.1153, 1554, 1555 of 2019
in A.No.1774 of 2019 & OA No.128 of 2019
in CS No.126 of 2019
Executive Committee Members : Mr.N.Rajendran, Mr.A.Athiaman, Mr.S.Vijaya kumar
27. Therefore, according to Mr.AR.L.Sundaresan, learned Senior Counsel appearing for the fourth defendant, the inter se dispute between the members of the Krishnagiri District Football Association, cannot be used by the plaintiffs to stall the functioning of the Apex Body or the State Association namely, the fourth defendant. The Fourth defendant has to go by the records are available with it and it cannot entertain communications from individuals. On the issue relating to the tenure of office, Mr.AR.L.Sunderasan, would contend that all over India in all Sports Bodies, the tenure of office bearers is only four years and not three years, while admitting that the statutes run counter to the provisions of the Tamil Nadu Societies Registration Act, 1975. Mr.AR.L.Sunderasan, learned Senior Counsel would contend that the same cannot vitiate the actions of the office bearers, inasmuch as, the law namely, the Tamil Nadu Societies Registration Act, does not provide for consequences for violation of Section 28/52 http://www.judis.nic.in A.Nos.1153, 1554, 1555 of 2019 in A.No.1774 of 2019 & OA No.128 of 2019 in CS No.126 of 2019 15(4). He would also contend that there were various interim orders restraining the Tamil Nadu Football Association, from conducting the elections and hence the elections could not be conducted within the tenure of the office bearers.
28. On the allegations in Application No.1554 of 2019, namely, the application seeking to punish the respondents for committing contempt by willfully disobeying the order of this Court dated 08.02.2019, Mr.AR.L.Sunderasan, learned Senior Counsel would submit that they have tendered their unconditional apology and they have also stated that they were not aware of the orders passed in OA No.128 of 2019 on 08.02.2019. In answer to the specific allegations that the text of the order was sent by whatsapp to the second respondent, namely, the President of Tamil Nadu Football Association and he had seen the whatsapp message at 10.12 a.m. On 09.02.2019, in the counter affidavit, it is claimed that the returning officer nominated the elections had banned mobile phones inside the Meeting Hall, he would also state that he was inside the meeting hall at 9.30 a.m. and therefore, he has not seen the whatsapp message. Apart 29/52 http://www.judis.nic.in A.Nos.1153, 1554, 1555 of 2019 in A.No.1774 of 2019 & OA No.128 of 2019 in CS No.126 of 2019 from the whatsapp message sent to the mobile number of the second respondent, the applicants had sent the whatsapp messages to the third respondent Mr.Sivanandan, who is the Secretary of the Thanjavur District Football Association and he had seen the whatsapp messages on 08.02.2019 at 8.38 p.m. The whatsapp messages were also sent to the eighth respondent Mr.Suresh J Manoharan, he had also seen the said message on 08.02.2019 at 8.37 p.m.
29. Apart from the above, it is also claimed in the affidavit filed in support of the application that the President, namely the second respondent refused to receive the order when it was sought to be served on him. Therefore, it was handed over to one Mr.Kannan, who was the Ex.Treasurer of the fourth defendant/first respondent in Application No.1554 of 2019. Therefore, according to the applicants, the respondents despite having knowledge of the order dated 08.02.2019 had gone ahead and conducted the meeting. They continued in contempt despite the fact that this Court had by order dated 29.04.2019 restrained them from functioning as elected office bearers of the Tamil Nadu Football 30/52 http://www.judis.nic.in A.Nos.1153, 1554, 1555 of 2019 in A.No.1774 of 2019 & OA No.128 of 2019 in CS No.126 of 2019 Association and the said order has been extended until further orders. The defence of the respondents, insofar as, the Contempt Application is concerned is that they had no knowledge of the order and they went ahead with the meeting. Apart from expressing their unconditional apology the respondents have also claimed that they had no intention to disobey the orders of this Court.
30. I have considered the rival submissions.
31. I shall first dispose of the injunction Application in OA No.128 of 2019 and the Vacate injunction Application in A.No.1774 of 2019.
32. I have already set out the grounds on which the injunction is sought for. The main grievance of the plaintiffs/applicants is that there was a dispute as regards the office bearers of the Krishnagiri District Football Association, which is an Active Member of the Tamil Nadu Football Association, the fourth defendant in the suit. One set of persons had claimed to be elected as office bearers in the meeting held on 27.05.2018 31/52 http://www.judis.nic.in A.Nos.1153, 1554, 1555 of 2019 in A.No.1774 of 2019 & OA No.128 of 2019 in CS No.126 of 2019 and another set of persons claim to have been elected as office bearers in the meeting held on 28.12.2018.
33. Contending that each District Football Association is entitled to nominate the delegates for the Annual Congress and if persons who have not been duly elected are allowed to participate in the Annual Congress and the entire election is vitiated and therefore, the respondents should be restrained from functioning as the elected members. It is the contention of the fourth defendant that the records would show that a meeting of the Krishnagiri District Football Association was held on 27.05.2018 and certain persons have been elected as office bearers, therefore as the Apex Body, the Tamil Nadu Football Association is bound to recognise only those persons as the elected office bearers. Certain records have been produced to show that such meeting was held on 27.05.2018.
34. Mr.N.L.Rajah, learned Senior Counsel appearing for the applicants/plaintiffs in the suit would submit that there are contradictions in the records produced by the respondents themselves highlighting those 32/52 http://www.judis.nic.in A.Nos.1153, 1554, 1555 of 2019 in A.No.1774 of 2019 & OA No.128 of 2019 in CS No.126 of 2019 contradictions, Mr.N.L.Rajah, would submit that the records have been manipulated. The two typed sets of papers have been filed by the counsel for the fourth defendant one on 09.08.2019 and the other on 27.08.2019. At page No.26 of the type set filed on 09.08.2019 a list has been filed showing that the following persons attended the General Body Meeting that was held on 27.05.2018:
S.No. Name
1. Mr.H.Syed Ameen, President, KDFA
2. Mr.N.Stalin Jeyakumar, Secretary, KDFA
3. Mr.A.Simon George, Vice-President, KDFA
4. Sri.Devarajulu, Vice-President, KDFA
5 Sri. P.K.Balu, Dynamo FC
6 Sri. M.Madhu, Krishnagiri FC
7 Mr.Sri. K.Alphonse Albert, Govt. Boys Hr. Sec. School,
Krishnagiri.
8 Sri.K.Tamil Selvan, Vice President, KDFA
9 Sri.C.P.Nair, Inter Milan FC
10 Mr.N.Chandrasekaran, Treasurer, KDFA
33/52
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A.Nos.1153, 1554, 1555 of 2019
in A.No.1774 of 2019 & OA No.128 of 2019
in CS No.126 of 2019
11 Mr.K.Suresh Peter, Asst. Secretary, KDFA
35. In the typed set that was filed on 27.08.2019, the minutes of the Annual General Meeting held on 27.05.2018 have been produced. Page 1, contains the Roll Call for the said meeting. The said Roll Call shows that the following 13 persons attended the meeting.
b) Roll Call
1. Mr.H.Syed Ameen, President, KDFA
2. Mr.G.Devarajulu, Vice-President, KDFA
3. Mr.N.Stalinjeya Kumar, Secretary, KDFA
4. Mr.A.Simon George, Vice-President, KDFA 5 Mr.M.Abdullasha, SDAT Senior FC, Krishagiri 6 Mr.M.Markandan, SDAT Junior FC, Krishnagiri
7. Mr.K.Senthil Kumar, Krishnagiri Town FC
8. Mr.K.Murugan, Trinity FC, Krishnagiri
9. Mr.N.Chandrasekaran, Treasurer, KDFA
10. Mr.K.Suresh, Mathigiri FC
11. Mr.F.Vimal Benito, MGR FC, Hosur 34/52 http://www.judis.nic.in A.Nos.1153, 1554, 1555 of 2019 in A.No.1774 of 2019 & OA No.128 of 2019 in CS No.126 of 2019
12. Mr.S.Vijaya Kumar, UFFC, Hosur
13. Mr.M.Madhu, Hosur Boys FC
36. The total number of members as per page No.26 of the typed set dated 09.08.2019 is 11, while the total number of members as per page No.1 of the typed set dated 27.08.2019 is 13. At least three persons namely, Mr.P.K.Balu, Mr.K.Tamilselvan and Mr.C.P.Nayar, whose names figures in the list at page No.26 of the type set dated 09.08.2019, do not find a place in the Roll Call in the type set dated 27.08.2019, various other persons are shown to have attended the said meeting. The list of elected office bearers is available at page No.4 of the type set of papers dated 27.08.2019 that shows Mr.H.Syed Ameen, was selected as the president, Mr.G.Devarajulu, Mr.A.Simon George, were selected as Vice Presidents, Mr.N.Stalin Jeyakumar, was selected as the Secretary, Mr.N.Chandrasekaran, was elected as Treasurer and Mr.N.Rajendran, Mr.Adhiyamaan and Mr.S.Vijayakumar were elected as the Executive Committee Members. Thus the total number of executive committee members is eight. But the subsequent correspondence which is available 35/52 http://www.judis.nic.in A.Nos.1153, 1554, 1555 of 2019 in A.No.1774 of 2019 & OA No.128 of 2019 in CS No.126 of 2019 would show that they are at least 19 office bearers in the Krishnagiri District Foot Ball Association. The letter head of the Krishnagiri District Football Association on which the letter dated 02.01.2019 is typed contains a list of eight Executive Members, one Treasurer, three honorary Assistant Secretaries, one honorary Secretary, four Vice Presidents and one President. Thus in all 18 office bearers, it is not known when this remaining 10 office bearers were elected.
37. The minutes of the Annual General Body Meeting that has been produced is signed on 01.06.2019. The date seal affixed is that of 01.06.2019. It is not even certified to be a true copy. As per the statutes of the District Football Associations, the Executive Committee of the District Football Association is to consist of one President, Vice Presidents (One for every 8 Active Member Clubs: minimum 2 maximum 4), A secretary, Assistant Secretary (one for every 20 Active Member Clubs: minimum 1 maximum 3), a Treasurer and Executive Committee Members (one for every five active member clubs: minimum 3 maximum 10) . But it is also provided that the Executive Committee shall not exceed 50% of the total 36/52 http://www.judis.nic.in A.Nos.1153, 1554, 1555 of 2019 in A.No.1774 of 2019 & OA No.128 of 2019 in CS No.126 of 2019 strength of the Active Members, subject to the maximum and minimum at 20 and 9. Admittedly, the Krishnagiri District Football Association has 16 Active Members, therefore, it can have one President, two Vice Presidents, one Secretary, one Treasurer and three Executive Committee Members. Therefore, the minimum number of office bearers is 9.
38. A perusal of the minutes of the Annual General Meeting said to have been held on 27.05.2018, would show that only 8 persons were elected this fall short of the minimum requirement under the statutes of the District Football Association. It is also seen that there are discrepancies in the representatives of various Football Clubs. In the typed set dated 27.08.2019, in the Roll Call one Mr.S.Vijaya Kumar, is shown as the representative of UFFC (United Friends Football Club), Hosur. However, in the type set dated 20.08.2019, Mr.H.Syed Ameed, has been nominated as the representative of the Krishnagiri District Football Association, to attend the Ordinary Congress to be held on 09.02.2019, he is stated to belong to the United Friends Football Club. The statutes of the District Football Association is very clear that only one delegate can represent one member 37/52 http://www.judis.nic.in A.Nos.1153, 1554, 1555 of 2019 in A.No.1774 of 2019 & OA No.128 of 2019 in CS No.126 of 2019 club at its Annual General Meeting. At page No.1 of the type set dated 27.08.2019, it is shown that Mr.H.Syed Ameed, attended the meeting as the representative of the Krishnagiri District Football Association, and Mr.S.Vijaya Kumar, attended the meeting as the representative of the United Friends Football Club, Hosur. Therefore, there were two representatives of one member Club at the meeting allegedly held on 27.05.2018.
39. Pointing out these discrepancies Mr.N.L.Rajah, learned Senior Counsel, appearing for the applicants would contend that no such meeting was held on 27.05.2018 and the records have been faked to show that some meeting was held on 27.05.2018. Pointing out the discrepancies a specific question was put to Mr.AR.L.Sunderasan, learned Senior Counsel appearing for the fourth defendant to produce the communication by which the fourth defendant was informed of the elections held on 27.05.2018. Though, the learned Senior Counsel agreed to produce such communication, no such communication was produced till today though orders were reserved on 27.08.2019.
38/52 http://www.judis.nic.in A.Nos.1153, 1554, 1555 of 2019 in A.No.1774 of 2019 & OA No.128 of 2019 in CS No.126 of 2019
40. The plaintiffs had made a requisition for convening of the General Body Meeting on 18.09.2018 and a remainder was also sent on 26.09.2018, but there was no reply from the President of the Krishnagiri District Football Association. If only, a meeting has been held, as claimed, on 27.05.2018, a reply would have been sent by the President of the Krishnagiri District Football Association, stating that the meeting was held on such date, the fourteen persons have been elected on such date. The very fact that no such reply was sent would show that the claim that a meeting was held on 27.05.2018 and certain persons were elected as office bearers itself appears to be a cooked up story.
41. The fourth defendant Association has also aided in the controversy. The letter dated 02.01.2018 which was sent to the Tamil Nadu Football Association by registered post was refused to be received. It is rather strange that an association which claims to be an Apex body to refuse to receive the letter sent by the Registered Post. To a subsequent letter dated 08.01.2019, a reply has been sent on 09.01.2019. Though the 39/52 http://www.judis.nic.in A.Nos.1153, 1554, 1555 of 2019 in A.No.1774 of 2019 & OA No.128 of 2019 in CS No.126 of 2019 said letter says that the Krishnagiri District Football Association is having a duly elected President and the honarary Secretary and Valid Executive Board, no dates of such elections are given. The basis on which such information was given was also not disclosed.
42. Mr.N.L.Rajah, learned Senior Counsel appearing for the applicants/plaintiffs would contend that as per the statutes of the fourth defendant, the fourth defendant is bound to resolve the disputes that occurred in the District Association. Inviting my attention to Article 17 of the Statute of the fourth defendant, which reads as follows:
Article 17 DISPUTE 17.1 In the event of any dispute, which results in claims by two different Executive Committees of being the duly elected Committee in a District, the TFA Executive Board has the right to derecognize both the Committees 17.2 Before derecognizing, the Executive Board shall call both the parties to the dispute to report at the 40/52 http://www.judis.nic.in A.Nos.1153, 1554, 1555 of 2019 in A.No.1774 of 2019 & OA No.128 of 2019 in CS No.126 of 2019 Office of the TFA in order to obtain first hand details of their dispute and then to present themselves before the President of TFA on the date, time and venue fixed by TFA. The President or the Official nominated by him shall try to settle the dispute amicably. 17.3 If no settlement is reached, the TFA shall convene a General Meeting of the Members of the DFA to take their view on the dispute and place the same before the Executive Board to decide the course of action to be taken.
174. If the decision is to supercede the EC of DFA and appoint an Adhoc Committee it shall be mandated to set the house in order and conduct the leagues and other activities so that the DFA may be brought into main stream of TFA by holding the fresh elections to elect an Executive Committee under the supervision of TFA as per regulations and statutes within a period of two years. In case the Adhoc Committee needs more 41/52 http://www.judis.nic.in A.Nos.1153, 1554, 1555 of 2019 in A.No.1774 of 2019 & OA No.128 of 2019 in CS No.126 of 2019 time, the Executive Board shall consider its request favourably.
43. Mr.N.L.Rajah, learned Senior Counsel would contend that though the dispute was raised by the Krishnagiri District Football Association, no steps were taken by the fourth defendant in conformity with Article 17. A reading of Article 17 would show that it is for the parent body namely, the fourth defendant to take steps to resolve the disputes and the dispute should not be resolved, the Tamil Nadu Football Association is bound to convene the General Body Meeting of the member of the District Football Association and take their view on the dispute and placed the same before the Executive Board to decide the course of action to be taken. Admittedly, no such effort was made by the Tamil Nadu Football Association.
44. The facts narrated above, lead me to believe that the meeting said to have taken place on 27.05.2018 is shrouded in mystery. No clear records are available. Of course Mr.AR.L.Sunderasan, learned Senior Counsel appearing for the fourth defendant would contend that those 42/52 http://www.judis.nic.in A.Nos.1153, 1554, 1555 of 2019 in A.No.1774 of 2019 & OA No.128 of 2019 in CS No.126 of 2019 persons, who claim to have been elected in the meeting held on 27.05.2018 are not made parties to the suit, hence he is not in a position to explain. This stand is taken only now at the time of hearing of the applications, when the contradictions are pointed out to the learned Senior Counsel. It is not as if those persons are not aware of the litigation. They have filed supporting affidavits under their oath and they have also attested some of the supporting affidavits. Therefore, they cannot claim ignorance about the litigation.
45. The fourth defendant has produced almost all the records in order to establish that the meeting was held on 27.05.2018, but the essential communication by which the result of the meeting dated 27.05.2018 was informed to the fourth defendant was not produced, though sufficient time was granted to the fourth defendant and an assurance was given by the learned Senior Counsel to produce the same. I am therefore of the considered opinion that the meeting said to have been taken place on 27.05.2018 did not take place at all and records have been manipulated to show that such meeting had in fact taken place. There is no explanation 43/52 http://www.judis.nic.in A.Nos.1153, 1554, 1555 of 2019 in A.No.1774 of 2019 & OA No.128 of 2019 in CS No.126 of 2019 for the contradictions, which have been cited above, on the part of the fourth defendant. I am therefore of the considered opinion that the fourth defendant had not invited the properly elected persons for the Ordinary Congress that was held on 09.02.2019, therefore, the plaintiffs are aggrieved by the conduct of the fourth defendant.
46. On the question of the tenure of the office bearers, Section 15(4) of the Tamil Nadu Societies Registration Act is mandatory, it provides that the term of the office of the members of the Committee shall not exceed three years from the date of their appointment. This Court in Periyar Self- Respect Propaganda v. State of Tamil Nadu and Others, reported in AIR 1988 Mad 27, held that Section 15(3) and 15(4) would have retrospective operation from the date of their incorporation in the main Act. This Court also pointed out that any provision in the bye-law will have to give way to the new provision in view of Section 53 of the Act, which provides that any old bye-law which is inconsistent with the provisions of the new Act will have to be invoked. Therefore, the tenure of office bearers of the fourth defendant Association expired as early as on 19.09.2018 and 44/52 http://www.judis.nic.in A.Nos.1153, 1554, 1555 of 2019 in A.No.1774 of 2019 & OA No.128 of 2019 in CS No.126 of 2019 they had no right to continue in office after the said date. If they have no right to continue in office after the said date, they do not have any right to convene General Body Meetings or to conduct elections. Therefore, the entire process of the convening of the Annual Congress on 09.02.2019 and the conduct of elections is vitiated not only by non compliance with the Statutes, but also because of noncompliance with the provisions of the Tamil Nadu Societies Registration Act.
47. I therefore have no hesitation in holding that the very convening of ordinary congress on 09.02.2019 by persons who are surreptitiously holding office without conducting election is illegal and any decision taken therein cannot be implemented as the same will amount to continuing or perpetuating the illegality.
48. No doubt true that the applicants in OA No.128 of 2019 have only sought for an order of injunction restraining the respondents from convening the 83rd Annual Ordinary Congress on 09.02.2019 and the ordinary congress had been convened despite an order of injunction that is 45/52 http://www.judis.nic.in A.Nos.1153, 1554, 1555 of 2019 in A.No.1774 of 2019 & OA No.128 of 2019 in CS No.126 of 2019 granted by this Court on 08.02.2019, the applicants cannot be left high and dry, particularly in the light of the fact that, I have found that the very convening of the Annual Congress on 09.02.2019 is illegal.
49. The applicants have also filed an Application in Application No.1555 of 2019 seeking to set aside the election and decisions taken in the Annual Congress held on 09.02.2019. In the light of the discussion above, which shows that the very convening Congress is illegal, Application No.1555 of 2019 is allowed, the election that was held on 09.02.2019 and the other decisions taken in the Annual Congress dated 09.02.2019 are set aside. In view of the above OA No.128 of 2019 and A.No.1774 of 2019 are closed as no further orders are necessary.
50. For the same reasons, Application in A.No.1153 of 2019 is allowed, the Executive Committee of the fourth defendant is superseded and Hon'ble Mr.Justice A.K.Rajan (Retired) is appointed as Administrator with a request to settle the disputes in all the District Associations under Article 17 of the statutes, to convene the Ordinary Congress of the Tamil 46/52 http://www.judis.nic.in A.Nos.1153, 1554, 1555 of 2019 in A.No.1774 of 2019 & OA No.128 of 2019 in CS No.126 of 2019 Nadu Football Association and conduct elections for the same. The Administrator will be entitled to a honororium of Rs.75,000/- per month, which can be drawn by him from the fourth defendant.
51. Insofar as the Contempt Application No.1554 of 2019 is concerned the applicants would contend that despite having knowledge of the fact that this Court had granted an order of injunction, the respondents in A.No.1554 of 2019 had gone ahead with the conduct of the meeting, which amounts willful disobedience of the order of this Court. Apart from tendering an unconditional apology, the respondents have filed a counter stating that they were not aware of the order of injunction. I am unable to accept the ignorance pleaded by the respondents in view of the following facts.
52. It is seen from the whatsapp messages, which have been produced, the second contemnor, namely J.Jesiah Villavarayar, had received the copy of the order sent by whatsapp at 10.09 a.m. and he has seen the same at 10.10 a.m. on 09.02.2019. He would, however, claim in 47/52 http://www.judis.nic.in A.Nos.1153, 1554, 1555 of 2019 in A.No.1774 of 2019 & OA No.128 of 2019 in CS No.126 of 2019 his affidavit that he was not allowed to take his mobile phone inside the venue and he was in the venue at 9.30 am. This claim is belied by the photographs that have been produced showing that all the office bearers were sitting in the Dais with their mobile phone either on the table or in their shirt pocket. The second respondent Mr.J.Jesiah Villavarayar, has his Mobile phone in his pocket as seen from the photographs at page 20 of the typed set filed by the applicants on 20.02.2019. It is, however, claimed that these photographs were not taken at the venue. The said claim is false. The banner behind the photographs would show that these photographs were taken at the venue.
53. Apart from the above, it is seen that the other office bearers, particularly, the Secretary of the Thanjavur District Foot Ball Association had received and seen the whatsapp messages/communication sent to him at around 8.00 p.m. on 08.02.2019 itself. The copy of the order has also been served on Mr.A.Kannan, who has also filed an affidavit saying that he received the copy and he left the place and he did not attend the meeting. The whatsapp messages sent to Mr.Senee Mohideen, Secretary of the 48/52 http://www.judis.nic.in A.Nos.1153, 1554, 1555 of 2019 in A.No.1774 of 2019 & OA No.128 of 2019 in CS No.126 of 2019 Madurai District Football Association, Mr.Sivanandan, Secretary of the Thanjavur District Football Association and Mr.Suresh J.Manohar, Secretary of Theni District Football Association have been received on their mobile phones through whatsapp and they have also seen the same on 08.02.2019 at around 8.30 p.m. All these would demonstrate that the respondents had knowledge of the fact that this Court had granted interim order of injunction. Apart from the above, the fact that interim injunction was granted was widely published in various newspapers, including the Trichy edition of The Hindu dated 09.02.2019 and Email was also sent enclosing the order to the fourth respondent to the official email ID. Despite the same the respondents have chosen to conduct the meeting and declare themselves elected.
54. Apart from the above, it is also seen from the records the complaint was made to the Inspector of Police, Thanjavur on 09.02.2019, complaining that the second contemnor had refused to receive the copy of the order, when it was attempted to be served on him. All these would show that the contemnors have not only disobeyed the order, but they also 49/52 http://www.judis.nic.in A.Nos.1153, 1554, 1555 of 2019 in A.No.1774 of 2019 & OA No.128 of 2019 in CS No.126 of 2019 burk real facts from the Court. False affidavits have been filed stating that they were not allowed to take their mobile phone into the meeting hall. This shows the nonchalant attitude of the respondents. Recording these facts, I had passed an order on 29.04.2019 restraining the persons, who claimed to have been elected from functioning as office bearers of the Association. Despite the said order, the second respondent contemnor had continued to describe himself as a legal custodian of the Tamil Nadu Football Association even in subsequent communications.
55. This conduct leaves no doubt in my mind that the respondents in A.No.1554 of 2019 have willfully disobeyed the order of this Court and had conducted the meeting and they had continued to disobey the orders of this Court in functioning as the elected office bearers of the fourth defendant/respondent Association, despite the order dated 29.04.2016, which was passed in the presence of their counsel. There is no explanation, whatsoever, for such continued disobedience by the respondents. Hence I am of the opinion that the respondents deserved to be punished for having willfully disobey the orders of this Court. I 50/52 http://www.judis.nic.in A.Nos.1153, 1554, 1555 of 2019 in A.No.1774 of 2019 & OA No.128 of 2019 in CS No.126 of 2019 therefore, direct the respondents to be detained in Civil Prison for a period of four days from the date of their detention. The operation of this order of punishment will remain stayed for the period of 30 days from today.
27.09.2019 Index : Yes Internet: Yes Speaking Order jv 51/52 http://www.judis.nic.in A.Nos.1153, 1554, 1555 of 2019 in A.No.1774 of 2019 & OA No.128 of 2019 in CS No.126 of 2019 R.SUBRAMANIAN,J.
jv Pre Delivery Order Application Nos.1153, 1554, 1555 of 2019 in A.No.1774 of 2019 & OA No.128 of 2019 in CS No.126 of 2019 27.09.2019 52/52 http://www.judis.nic.in