Karnataka High Court
M/S Karnataka Taekwondo Association vs Justice Ml Mehta (Retd) on 23 June, 2016
Author: S.N.Satyanarayana
Bench: S.N.Satyanarayana
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF JUNE 2016
BEFORE
THE HON'BLE MR.JUSTICE S.N.SATYANARAYANA
M.F.A.NO.3967/2016(CPC)
BETWEEN:
1. M/S.KARNATAKA TAEKWONDO ASSOCIATION,
TAEKWONDO HALL,
SREE KANTEERVA INDOOR STADIUM,
KASTURBA ROAD,
BANGALORE - 560 001.
REPRESENTED BY ITS GENERAL SECRETARY
SRI C.G.SHASHIVARDHAN
2. SRI Y.A.NARAYANSWAMY, MLA
S/O ADINARAYANAPPA,
51 YEARS,
PRESIDENT,
M/S.KARNATAKA TAEKWONDO ASSOCIATION,
TAEKWONDO HALL,
SREE KANTEERVA INDOOR STADIUM,
KASTURBA ROAD,
BANGALORE - 560 001.
3. SRI C.G.SHASHIVARDHAN
SON OF LATE C.V.GURUVE GOWDA, 51 YEARS,
GENERAL SECRETARY,
M/S.KARNATAKA TAEKWONDO ASSOCIATION,
TAEKWONDO HALL,
SREE KANTEERVA INDOOR STADIUM,
KASTURBA ROAD,
BANGALORE - 560 001. ...APPELLANTS
(BY SRI P.B.RAJU FOR G.A.K.GOWDA, ADVOCATES)
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AND :
1. JUSTICE ML MEHTA (RETD)
THE RETURNING OFFICER,
(APPOINTED BY THE HON'BLE HIGH COURT OF DELHI)
TO HOLD ELECTIONS TO THE EXECUTIVE COUNCIL
OF TFI
BUNGLOW -29, PRESIDENTIAL ESTATE (LGF)
NIZAMUDDIN (EAST)
NEW DELHI - 110 013.
2. M/S.TAEKWONDO FEDERATION OF INDIA,
RZ-85, D-2 VASANT KUNJ,
NEW DELHI - 110070
BY ITS SECRETARY GENERAL,
3. SRI T. PRAVEEN KUMAR,
T.CHANDRASHEKAR,
MAJOR,
NO.021, F BLOCK,
GARADI APARTMENTS,
K.R.ROAD,
BENGALURU - 560 004
4. SRI C.DORAI
FATHER'S NAME NOT KNOWN TO THE PLAINTIFF,
MAJOR,
C/O D.C.CUSHIONS,
DURGI GUDI ROAD,
SHIVAMOGGA -577 201. ...RESPONDENTS
(BY SRI SHASHIKIRAN SHETTY, SR. ADVOCATE FOR
FARAHA FATHIMA FOR R3 & R4)
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF
CPC, AGAINST THE ORDER DATED 02.06.2016 PASSED IN
I.A.NO.1 IN O.S.NO.3877/2016 ON THE FILE OF THE
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
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BENGALURU, ISSUING EMERGENT SUIT SUMMONS AND
NOTICE ON I.A.NO.1 FILED U/O 39 RULE 1 & 2 OF CPC.
THIS MFA COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Subsequent to order dated 8.6.2016, this matter is moved for vacating the order passed on IA.I/2016. In that behalf heard the learned senior counsel Sri.Shashikiran Shetty appearing for respondent Nos.3 and 4 and learned counsel Sri.P.B.Raju appearing on behalf of learned counsel Sri.G.A.K.Gowda. This matter is heard in the presence of beneficiary of the interim order dated 8.6.2016, namely Sri.C.G.Shashivardhan.
2. The learned senior counsel seek recall of the impugned order, for the reason that term of the office of M/s Karnataka Taekwondo Association is four years and it is for the period between 2012 and 2016. According to him, respondent Nos.3 and 4 are the elected members of association for the said period. In the report of Court Commissioner - Sri.Justice (Retired) Rupinder Singh Sodhi, at paragraph 15 it is stated -4- that in the list supplied by Taekwondo Federation of India the elections to M/s Karnataka Taekwondo Association was held on 10.1.2015, in which appellants 2 and 3 herein are said to be the elected President and General Secretary, is accepted. In the later part of said paragraph, it is stated that the same has been challenged by another faction, according to it, in the presence of the observer of Taekwondo Federation of India, election to M/s Karnataka Taekwondo Association was held on 2.11.2012, in which respondent Nos.3 and 4 are elected, is referred. The correctness or otherwise of both statements are pending consideration in a suit pending on the file of City Civil Court, Bangalore.
3. In that view of the matter, considering the fact that representation on behalf of Karnataka in the elections to be held in the Taekwondo Federation of India being essential in the interest of sports, the order dated 8.6.2016 was passed in recognizing the third appellant as the person being a sportsman himself to represent in the said election. While passing said order it was clearly observed that the second appellant, who is a politician and who is sponsorer of the game -5- being a President was not allowed to participate in the election to choose the representative of Taekwondo Federation of India not with an intention to keep him out of the functioning of the association, but to ensure that in the said meeting it is only the sportsperson would participate in the same.
4. However, when this matter was heard for vacating the stay order, after both the counsel argued their point substantially a via media was suggested by them in seeking to send one of the respondents either respondent No.3 or respondent No.4 as the second nominee to the election to be held at Delhi on 26.6.2016. Since one person is already selected from one faction, this Court feel it would be just and proper to draw one more nominee from another faction and to make a team of two to represent the interest of M/s Karnataka Taekwondo Association.
5. Accordingly, retaining the name of third appellant herein as the Secretary of Association, the name of third respondent Sri.T.Praveen Kumar, who is said to be an international Referee is permitted to represent the Association -6- as President in the election dated 26.6.2016. However, this order would not enure to his benefit to take advantage as President in any other proceedings. It is only for the limited purpose of participating in the election to be held on 26.6.2016 to elect representatives for Taekwondo Federation of India. He shall be entitled to draw all the benefits which are available to him to participate in the said proceedings. Thereafter, when once his trip to Delhi for participating in this meeting/election is complete, he shall not take advantage of this order thereafter until the rights of the parties are decided in the original suit.
With the aforesaid observations, the appeal itself is disposed of.
Sd/-
JUDGE nd/-