Major Dr. Surendra Poonia vs Badminton Association Of India ...
2017 Latest Caselaw 6237 Del

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*IN THE HIGH COURT OF DELHI AT NEW DELHI

+                       W.P.(C)No.5271/2014

%                            Date of decision : 7th November, 2017

MAJOR DR. SURENDRA POONIA             ..... Petitioner
                 Through : Ms. Nida Jamal, Adv.

                          versus

BADMINTON ASSOCIATION OF INDIA AND ORS... Respondents
                 Through : Mr. Nailin Kohli and
                           Mr. Ankit Roy, Advs. for
                           R-1
                           Mr. Nishant Verma, Adv. for
                           R-6
                           Mr. Anil Grover,
                           Ms. Noopur Singhal and
                           Mr. Mishal Viz, Advs. for R-
                           7/NDMC
                           Mr. Manish Mohan, CGSC for
                           R-8/UOI
       CORAM:
       HON'BLE THE ACTING CHIEF JUSTICE
       HON'BLE MR. JUSTICE C.HARI SHANKAR

                      JUDGMENT (ORAL)

GITA MITTAL, ACTING CHIEF JUSTICE

1. This writ petition challenge the election to the Badminton Association of India for the year 2014 contending that it was unfair, arbitrary, without any rationale and against the rules and laws applicable to the Badminton Association of India.

2. Effectively, the writ petition has laid a challenge to the appointment of the respondent no.2 as the President of Badminton Association of India.

3. Our record shows that on 12th July, 2017, it has been recorded that Dr. Akhilesh Das Gupta, who was respondent no.2, had expired in April, 2017 and stands succeeded by Dr. Himanta Biswa Sarma who stands appointed as the President of the Badminton Association of India. It is not disputed that fresh elections have been conducted in 2017. We are informed by learned counsel appearing for the respondents that the next elections are now due in 2018.

4. Judicial notice can be taken of the contribution made by the Badminton Association of India to the development of the sport of badminton wherein Indian players have achieved international accolades and laurel, that too repeatedly at every level in international tournaments. The pendency of this writ petition would certainly have an extremely demoralising effect on what is positive work already done and being undertaken by the respondent no.1/Association.

In any case, in our view, the prayers made in this writ petition have long been rendered infructuous. In view thereof, no orders are warranted and the writ petition is disposed of as such.

Dasti to parties.

ACTING CHIEF JUSTICE

C.HARI SHANKAR, J NOVEMBER 07, 2017/kr