Andhra Pradesh Olympic ... vs Andhra Pradesh Athletics ...
2023 Latest Caselaw 5123 AP

    IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI

 HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE
                           &
        HON'BLE MR. JUSTICE R. RAGHUNANDAN RAO

                          I.A.No.3 of 2023
                                 in
                       W.A.No.1015 of 2023
I.A.No.3 of 2023
Between:

Andhra Pradesh Olympic Association
Rep. by its president R.K. Purushotham
S/o. Krishna Murthy, R/o. 19-592/1,
Masonic Co-op Housing Colony,
Near Yogananda Ashram, Mittor, Chittoor.
                                                        ...Petitioner

           Versus

  1. Andhra Pradesh Athletics Association, Re.No.148/2014, rep.
     by its General Secretary A. Gowtham Kiran S/o. A.
     Venkateswara Rao, O/o. A Block, I.G.M.C Stadium,
     Vijayawada, Krishna District (now NTR District), A.P. and 5
     others.

                                                    ...Respondents


Counsel for the petitioners       : Sri K.S. Murthy, Sr. Counsel
                                   Representing Sri Ch. Srinivas


Counsel for respondents           : Sri G.R. Sudhakar
                                          2
                                                                      HCJ & RRR,J
                                                                    WA_1015_2023


                                 Dt: 19.10.2023

                                    ORDER

P.C.

The conduct of the National Games is the responsibility of the

Indian Olympic Association. For the purpose of conduct of these

National Games, the Indian Olympic Association contacts the

federations which oversee and regulate various disciplines and

sports at the National level. These federations, in turn, contact the

respective State federations affiliated to them, and require these

State federations to forward the names of the sports

persons/athletes, who would represent the State in the

discipline/sport, which is regulated by the State federation.

Thereafter, the State federations, after following the proper

selection process, would finalize the names of the sports

persons/athletes, who would be participating in their discipline, in

the National games, and forward the said list to the State Olympic

Association, which is affiliated and recognized by the Indian

Olympic Association.

2. The State Olympic Association would forward the list

sent to it by the respective federations to the Indian Olympic

Association and thereafter, take steps for leading the said

HCJ & RRR,J WA_1015_2023

contingent at the National Games. The National games for the year

2023, are being held in Goa from 25.10.2023.

3. At that stage, two associations, called A.P. Olympic

Association and Andhra Pradesh Archery Association approached

this Court by way of W.P.No.26411 of 2023. These associations,

which are the State level federations in their respective

disciplines/sports, contended that no Olympic Association at the

State level has been recognized by the Indian Olympic Association

and that there are two bodies which are fighting over the said

recognition. The writ petitioners further contended that on account

of these fights, the prospectus and careers of the sports persons,

who are seeking to participate in the National Games, is at jeopardy

as the Indian Olympic Association would only allow those sports

persons whose names are forwarded by the said Olympic

Association participated in the National Games. It is contended that

in the absence of a recognized State Olympic Association, it is

necessary that the Sports Authority of Andhra Pradesh be made the

nodal agency through whom the names of participating sports

persons from Andhra Pradesh can be forwarded to the Indian

Olympic Association and to permit the Sports Authority of Andhra

Pradesh to act, for all necessary purposes, as the Olympic

Association of the State.

HCJ & RRR,J WA_1015_2023

4. At that stage, the two bodies, which are claiming the

status of the recognized State Olympic Association, had sought to

implead themselves before the learned Single Judge and sought to

place their respective stands about their recognition as the official

Olympic Association of Andhra Pradesh. The learned Single Judge,

after hearing both the implead petitioners as well as the writ

petitions and the Sports Authority of Andhra Pradesh, had held that

there are various disputes regarding the recognition of the official

Olympic Association of the State and directed that the Sports

Authority of Andhra Pradesh would be the nodal agency who would

forward the names of the sports persons representing the Andhra

Pradesh and discharge the functions of the Olympic Association of

the State in making necessary arrangements for the sports persons,

who are participating in the National Games. Aggrieved by the said

order dated 12.10.2023, the appellants, who are one of the Olympic

Associations, which sought to implead themselves, has approached

this Court by way of the present writ appeal.

5. A brief background of the genesis of the problem needs

to be recorded for a better understanding of this case.

6. After the State of Andhra Pradesh was bifurcated in the

year 2014, two Olympic Associations came into the picture for being

recognized as the official A.P. Olympic Association. The Indian

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Olympic Association by their letter dated 07.04.2015 and letter

dated 24.04.2015 recognized one Association lead by Sri R.K.

Purushotham. The rival Association filed W.P.No.17965 of 2015 and

W.P.No.15255 of 2016 before the erstwhile High Court for the State

of Telengana and the State of Andhra Pradesh, challenging the said

recognition. These writ petitions were disposed of on 05.089.2017

directing the authorities to resolve the disputes by taking these

disputes before the Arbitral Commission constituted by the Indian

Olympic Association for a decision on which body should be

recognized. The said Arbitral Commission, upon being approached,

passed an Award on 24.12.2017, recognizing the association lead

by Sri R.K. Purushotham as the official Olympic Association in the

State and directed affiliation to be granted to this Association. This

Award has not been challenged and has become final. The Olympic

Association lead by Sri R.K. Purushotham had earlier held an

election on 04.04.2015 for the office bearers of the Association and

these office bearers had completed their term of office by

24.04.2019. Thereafter, elections were held for the next term on

18.04.2019 where certain persons were declared to be elected as

office bearers of the Association. However, there was some

objections raised by the Indian Olympic Association on the manner

in which the elections had been conducted. As the Indian Olympic

HCJ & RRR,J WA_1015_2023

Association was not recognizing the new office bearers,

W.P.No.7347 of 2019 was filed by the Olympic Association of Sri

R.K. Purushotham. This Court, by an order dated 14.06.2019,

passed certain interim directions. However, an objection was raised

that this Court had no territorial jurisdiction to entertain this writ

petition on account of which the writ petition was withdrawn with

leave to approach the Hon'ble Delhi High Court. Subsequently,

W.P.No.9909 of 2021 was filed before the Hon'ble High Court of

Delhi, which was disposed of on 09.09.2021 with a direction to the

Indian Olympic Association to consider the request of the petitioner

for recognition of the election held on 18.04.2019.

7. Thereafter, the association headed by Sri R.K.

Purushotham approached the Arbitral Commission in Arbitration

Case No.5 of 2021 for a direction to the Indian Olympic Association

to recognize the election of the office bearers of the Olympic

Association of A.P. held on 18.04.2019. This Arbitration Case ended

in an Award dated 15.03.2022 wherein the Indian Olympic

Association was directed to accept the election of 18.04.2019 and

necessary orders on that basis were also passed.

8. At that stage, the second Association, which is presently

being headed by Sri K.P. Rao had approached the Indian Olympic

Association along with an order dated 03.03.2022 in W.P.No.19974

HCJ & RRR,J WA_1015_2023

of 2021 for consideration of its representation dated 03.09.2021

claiming to be the official Olympic Association in the State of

Andhra Pradesh and for recognition and affiliation by the Indian

Olympic Association. This representation was rejected by the Indian

Olympic Association by a letter dated 05.04.2022 holding that the

Award passed by the Arbitral Tribunal is binding on the Indian

Olympic Association. Subsequently, the Indian Olympic Association

by e-mail dated 06.10.2023 had forwarded a letter extending an

invitation to the President and Secretary General of the Olympic

Association headed by Sri R.K. Purushotham to join in the inaugural

ceremony of the National Games and to Coordinate with the eligible

teams in coordination with the National Sports Federations for

participation in the National Games and for making necessary

arrangements for this purpose. This letter also stated that the

President/Secretary General of the Association is appointed as a

Chef de Mission for supporting the said contingent.

9. The Olympic Association of Andhra Pradesh headed by

Sri K.P. Rao had also sought to implead itself in the writ petition and

submissions were made on behalf of both the Associations headed

by Sri R.K. Purushotham and the Association headed by Sri K.P.

Rao. The Learned Single Judge after hearing these two Associations

as well as the writ petitioners had held that there were disputes

HCJ & RRR,J WA_1015_2023

between the Associations in relation to their recognition as the

official State Olympic Association and that it would not be

appropriate to put the careers of the sports persons in jeopardy and

directed the Sports Authority of Andhra Pradesh to discharge the

functions of the State Olympic Association in sending the names of

the sports persons/athletes to the Indian Olympic Association for

participation in the National Games.

10. Aggrieved by the said order, the appellant has filed the

present appeal along with an application for leave to present the

appeal. The application for leave has been ordered.

11. Sri K.S. Murthy, learned Senior Counsel appearing for

the appellant would submit that the learned Single Judge ought to

have taken into account the Award passed in favour of the appellant

by the Arbitral Board dated 24.12.2017 recognizing the appellant

as the society/association to whom affiliation has to be given by the

Indian Olympic Association; the subsequent letters dated

05.04.2022, wherein the Indian Olympic Association had rejected

the affiliation to the Association headed by Sri K.P. Rao; and the e-

mail dated 06.10.2023, enclosing the letter dated 05.10.2023,

appointing the President/Secretary General of the appellant as the

Chef de Mission and requesting the appellant to make necessary

arrangements for the State to be represented by the sports

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persons/athletes whose names have already been sent to the Indian

Olympic Association.

12. Sri G. Tuhin Kumar, learned counsel appearing for the

Association headed by Sri K.P. Rao, while arguing the connected

Writ Appeal No.331 of 2022, would submit that there was a

subsequent round of litigation by way of W.P.No.46255 of 2018 and

W.PNo.7741 of 2019 before this Court, which was disposed of on

19.01.2022 holding that the disputes between these two

Associations should be determined by way of reference to the

Arbitral Commission to the Indian Olympic Association. He would

further submit that the said order had already been challenged by

way of Writ Appeal No.331 of 2022 and in any event, the Indian

Olympic Association by its letter dated 15.03.2023 had already

stated that no Award passed by the Arbitral Commission is

enforceable as the Indian Olympic Association had taken a decision

to suspend all activities under the Arbitral Commission till proper

elections are held for the Indian Olympic Association. He would

contend that in such circumstances, the Awards relied upon by the

appellant would not confer any recognition on the appellant.

13. Sri G.R. Sudhakar, learned counsel appearing for the

writ petitioners would contend that neither Associations has been

recognized by the Indian Olympic Association and directing the

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sports persons/athletes in the disciplines which are regulated by

the writ petitioners, in the State of Andhra Pradesh to participate in

the National Games under the aegis of the appellant would

jeopardize the careers of these sports persons. He would submit that

the entire expenses of training of the athletes in the sports of the

writ petitioner federations are underwritten by the Sports

Authority of Andhra Pradesh. He further submits that this support

is regulated by G.O.Ms.No.272 dated 19.09.2019 which stipulates

that the National Sports Development Code would have to be

implemented and that sports persons who participate in

tournaments or games conducted by unrecognized Associations

would not be eligible for such sport. He would submit that in such

circumstances, it would not be appropriate to direct the sports

persons representing Andhra Pradesh to be guided and provided by

the appellant.

14. Sri G.R. Sudhakar would also submit that the term of the

first set of office bearers ended in April 2019 and subsequently, the

second term ended in April 2023. He would submit that the

subsequent election held in April 2023 cannot be accepted, as Sri

R.K. Purushotham who had already served a period of eight years

as an office bearer of the appellant Association was ineligible to

contest on account of the byelaws of the Indian Olympic Association,

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which stipulated that an office bearer of a State Olympic Association

cannot serve for more than two consecutive terms and would have

to give a cooling off period of one term before he is permitted to

contest for the third term. He would submit that on account of these

byelaws of the Indian Olympic Association, the election of Sri R.K.

Purushotham would have to be considered as violative of the

byelaws and consequently, he cannot be accepted as the President

of the appellant Association.

15. Sri K.S. Murthy, learned Senior Counsel would submit

that the appellant is the Association which has been recognized as

the official Olympic Association of the State and consequently, it is

not relevant as to who is the office bearer of the appellant

Association. In any event, he contends that even if Sri R.K.

Purushotham is to be held to be ineligible to contest, the same would

not disqualify the appellant Association itself from being recognized

as the official Olympic Association of the State.

16. A conspectus of the above facts would show that the

appellant-Association has been recognized as the Association which

has to be affiliated and recognized by the Indian Olympic

Association in the State of Andhra Pradesh. This recognition was on

the basis of the Award dated 24.12.2017 of the Arbitral Commission

of the Indian Olympic Association. This was reaffirmed by the

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Award dated 15.03.2022 in Arbitration case No.05 of 2021 before

the Arbitral Tribunal of the Indian Olympic Association. All the

above facts and the subsequent rejection of the request for

affiliation given by the Olympic Association headed by Sri K.P. Rao,

on 05.04.2023 and the e-mail dated 06.10.2023, enclosing the

letter dated 05.10.2023 appointing the President/Secretary

General of the appellant Association as the Chef de Mission for the

contingent of sports persons / athletes participating in the National

Games for the State of Andhra Pradesh, raise a prima facie

presumption in favour of the appellant Association as the official

State Olympic Association.

17. It would only be appropriate that the appellant

Association is permitted to discharge the functions of the Olympic

Association of the State in the course of the National Games being

held in Goa from 25.10.2023.

18. In the circumstances, the order and judgment of the

learned Single Judge dated 12.10.2023 in W.P.No.26411 of 2023 is

stayed. Further the Indian Olympic Association shall permit the

appellant Association to function as the official State Olympic

Association for the National Games being held in Goa from

25.10.2023 and to discharge all functions related thereto apart

HCJ & RRR,J WA_1015_2023

from the President / General Secretary acting as Chef de Mission for

the contingent from A.P.

19. It is further clarified that the Sports Authority of

Andhra Pradesh shall not deny the benefits of G.O.Ms.No.272 dated

19.09.2019 to the sports persons, who participate in the National

Games to be held from 25.10.2023 solely on the ground that they

are participating in the National Games under the aegis of the

appellant Association.

DHIRAJ SINGH THAKUR, CJ                R. RAGHUNANDAN RAO, J

                                                                JS.




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