[2023/RJJP/000566]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Special Appeal Writ No. 967/2021
1. Ummed Singh, Residing At Pushkar Vyayamshala, Bagad,
District Jhunjhunu.
2. Nanu Singh, Residing At Village Patwari Ka Bas, Tehsil
Srimadhopur, District Sikar.
3. Nasib Singh, Residing At Rajni Vihar, Ajmer Road, Jaipur.
----Appellants
Versus
1. Rajasthan Wrestling Association, Through Its President
I.k. Dutta Son Of Late Shri K.l. Dutta, Aged About 75
Years, Having Its Office At Plot No. 3, Janakpuri-Ii
Extension, Imli Phatak, Jaipur.
2. Wrestling Federation Of India, Through Its Secretary
General 21, Ashok Marg, New Delhi.
3. Brijbhushan Sharan Singh, President, Wrestling
Federation Of India, 21, Ashok Marg, New Delhi.
4. V.n. Prasood Son Of Shri Narayan Nair, Secretary General,
Wrestling Federation Of India, 21, Ashoka Marg, New
Delhi.
5. Shri Chandra Pratap Singh, Singh Ghar House, Thetri
House, Opposite Saroj Cinema, Chandpole Bazar, Jaipur
(Ex-President, Rajasthan Wrestling Association).
6. Registrar Cooperative Society, Nehru Sahkar Bhawan, 22,
Godam Circle, Jaipur.
7. Rajasthan State Sports Council, Through Its Secretary,
Sms Stadium, Jaipur.
----Respondents
For Appellant(s) : Mr. Sanjay Rahar
For Respondent(s) : Mr. Peush Nag
Mr. Abhinav Surollia on behalf of
Mr. Ashish Surollia
HON'BLE THE CHIEF JUSTICE MR. PANKAJ MITHAL HON'BLE MRS. JUSTICE SHUBHA MEHTA Judgment 25/01/2023
1. Heard Mr. Sanjay Rahar, learned counsel for the appellants, Mr. Peush Nag, learned counsel for respondent No.1-Rajasthan Wrestling Association and Mr. Abhinav Surollia, vice Mr. Ashish Surollia learned counsel for respondent No.7-Rajasthan State (Downloaded on 31/01/2023 at 11:45:50 PM) [2023/RJJP/000566] (2 of 6) [SAW-967/2021] Sports Council. Service of notice upon respondent Nos.2 to 6 was dispensed with by earlier order of this Court.
2. The appellants herein have preferred this intra court appeal against the judgment and order dated 22.10.2021 by which the writ petition filed by respondent No.1 was disposed of with the direction to the Registrar, Cooperative Societies to hold an enquiry as provided under Section 23 of the Rajasthan Sports (Registration, Recognition and Regulation of Associations) Act, 2005 (for short, 'the Act of 2005') within a time bound period by a speaking order.
3. The submissions of learned counsel for the appellants is that the Writ court could not have issued any direction for an enquiry by the Registrar, Cooperative Societies as the dispute of the elections of the office bearers of the Association can be called into question by taking recourse to Section 16 of the Act of 2005 which provides for the remedy of conciliation and arbitration.
4. On the other hand, the submission of learned counsel for the respondents is that where the elections of the Associations are not held in accordance with law, the Registrar, Cooperative Societies is empowered to hold an enquiry and to pass the necessary order which is also amenable to appeal under Section 35 of the Act of 2005.
5. There is no dispute to the fact between the parties that the elections to the post of office bearers of the Association i.e. Rajasthan Wrestling Association are required to be held in accordance with the provisions of the aforesaid Act.
6. Section 16 of the Act of 2005 clearly provides that, if any dispute arises touching the constitution, management activities, (Downloaded on 31/01/2023 at 11:45:50 PM) [2023/RJJP/000566] (3 of 6) [SAW-967/2021] election or claim to affiliation of any Sports Association, the same shall be resolved through conciliation and arbitration. It further provides that the Arbitration and Conciliation Act, 1996 (for shot, 'the Act of 1996') as amended from time to time, shall apply for the purposes of conciliation and arbitration proceedings referred to above.
7. Section 16 of the Act of 2005 is reproduced herein below:-
"16. Conciliation and Arbitration.- (1) If any dispute arises touching the constitution, management activity, election or claim to affiliation of any Sports Association, the same shall be resolved through conciliation and arbitration.
(2) The Arbitration and Conciliation Act, 1996 (Central Act No.26 of 1996), as amended from time to time, shall apply to the conciliation and arbitration proceedings referred under sub-section (1)."
8. In view of the language used in Section 16 of the Act of 2005 any dispute regarding election of a Sports Association is supposed to be resolved in the first instance through conciliation and arbitration in accordance with the Act of 1996.
9. At the same time, Chapter-VI of the Act of 2005 provides for the disaffiliation, enquiry and disqualification of a Sports Association.
10. Section 22 of the Act of 2005 therein provides that a Sports Association shall be liable to action on the grounds mentioned therein inter alia if the Sports Association fails to hold elections in accordance with its bye-laws. It further provides that the Registrar i.e. the Registrar of Cooperative Societies may hold an enquiry either himself or by person duly authorized by him and that after holding such an enquiry and giving an opportunity of being heard to the affected Sports Association, he may appoint an Adhoc (Downloaded on 31/01/2023 at 11:45:50 PM) [2023/RJJP/000566] (4 of 6) [SAW-967/2021] Executive Committee and cause to hold fresh elections of the Executive Body of the Sports Association within three months.
11. Sections 22, 23 & 24 of the Act of 2005 read as under:-
"22. Grounds for Disqualification. - (1) A Sports Association shall be liable to action on any of the following grounds:-
(a) if the Sports Association fails to maintain accounts and submit the same under Section 19 or fails to produce the same when called for inspection.
(b) if the Sports Association fails to hold elections in accordance with its bye-laws, or, as the case may be, when enjoined by the provisions of Chapter VII.
(c) if the Sports Association fails to carry out its obligations under Chapter VIII.
(d) if the Sports Association or any of its Office Bearers or any other member of the Executive Body misappropriates the funds for his personal gains or mismanages the affairs of the Sports Association to give undue benefit to any other person.
(e) if the Sports Association is disaffiliated under Section 21.
(2) A State Level Sports Association may after giving opportunity of being heard, recommend to the Registrar that a District Level Sports Association affiliated to it may be disqualified if it-
(a) does not follow the directions of the State Level Sports Association in the matter of conducting tournaments and flouts its Regulations;
(b) does not pay the affiliation fee;
(c) otherwise violates the provisions of its own registered bye-laws.
23. Inquiry. -
(1) The Registrar may,-
(a) on the request of a State Level Sports Association, or
(b) on the request of not less than one tenth of the total members of a Sports Association, or
(c) on his own motion, (Downloaded on 31/01/2023 at 11:45:50 PM) [2023/RJJP/000566] (5 of 6) [SAW-967/2021] hold an enquiry, either himself or by a person duly authorised by him.
(2) The Registrar or the person authorised by him shall, for the purpose of any inquiry have all the powers to inspect records, direct production and take copy of any document of the concerned Sports Association for the purpose of the enquiry.
24. Disqualification. -
(1) After holding an inquiry the Registrar, after giving an opportunity of being heard to the affected Sports Association, may-
(a) appoint an Ad-hoc Executive Committee and cause to hold fresh elections of the Executive Body within three months;
(b) in the case of misappropriation of funds, take action in accordance with law.
(2) No existing Office Bearer of a Sports Association which is disqualified under sub-section (1) shall be permitted to contest elections of any Sports Association for a period of six years from the date of such disqualification."
12. A simple reading of the provisions of Section 22 read with Sections 23 and 24 of the Act of 2005 demonstrates that they come into play where the Sports Association fails to hold elections in accordance with bye-laws in which case the Registrar is obliged to hold an enquiry and to pass an order appointing an Adhoc Executive Committee and to hold fresh elections of the Executive Body within three months. The aforesaid provisions are not the provisions for resolving the election disputes. The election disputes are basically covered by Section 16 of the Act of 2005. Election disputes if any are mandated to be resolved through conciliation and arbitration only. There is no material to indicate the election disputed involve is on account of failure to hold elections in accordance with the bye-laws.
13. In view of the aforesaid facts and circumstances, a blanket direction to the Registrar, Cooperative Societies to hold an enquiry (Downloaded on 31/01/2023 at 11:45:50 PM) [2023/RJJP/000566] (6 of 6) [SAW-967/2021] in accordance with Section 23 of the Act of 2005 and to pass a speaking order is not necessary until and unless the allegation is that the elections have not been held in accordance with law which entails appointment of an Adhoc Executive Committee or for holding fresh elections.
14. On the other hand, Section 16 of the Act of 2005 has a specific and wider ambit with regard to resolving all kinds of the election disputes of the Sports Association.
15. In view of the aforesaid facts and circumstance, we dispose of this appeal by modifying the impugned order dated 22.10.2021 by providing that the Registrar Cooperative Societies will hold enquiry as provided under Section 23 of the Act of 2005 only if he is satisfied that the elections have not been held in accordance with the bye-laws, otherwise the matter has to be resolved through conciliation and arbitration for which purpose either of the parties if necessary are free to appoint an Arbitrator by mutual consent or to approach the Court under Section 11 of the Arbitration and Conciliation Act, 1996 of an independent Arbitrator keeping in mind the bye-laws, if any.
16. The appeal stands disposed of accordingly.
(SHUBHA MEHTA),J (PANKAJ MITHAL),CJ
N.K. GANDHI/LAKSHYA SHARMA /46
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