Citation : 2023 Latest Caselaw 972 Gua
Judgement Date : 13 March, 2023
Page No.# 1/4
GAHC010024782023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA/27/2023
MANIPUR HOCKEY
REPRESENTED BY ITS PRESIDENTBY ITS PRESIDENT, BASUDEV SINGH,
AGED ABOUT 60 YEARS, S/O LATE GANESH SINGH, RESIDENT OF
THANGAL BAZAR, P.O.- IMPHAL AND P.S.- IMPHAL WEST, MANIPUR.
VERSUS
STATE OF MANIPUR AND 2 ORS.
REP. BY THE PRINCIPAL BY THE PRINCIPAL (CO-OP), GOVT. OF MANIPUR,
MANIPUR SECRETARIAT, P.O. AND P.S.- IMPHAL, DIST.- IMPHAL WEST,
MANIPUR- 795001.
2:THE REGISTRAR OF SOCIETIES
GOVT. OF MANIPUR AT LAMPHELPAT
P.O. AND P.S.- LAMPHEL
DIST.- IMPHAL WEST
MANIPUR- 795002.
3:THE HOCKEY MANIPUR
REPRESENTED BY ITS GENERAL SECRETARY
TH. MANIHAR SINGH
S/O (L) TH. HERACHANDRA SINGH
A RESIDENT OF KONGBA KSHETRI LEIKAI
MANIPUR
Advocate for the Petitioner : N PRISTA DEVI
Advocate for the Respondent : MR. M HEMCHANDRA
Page No.# 2/4
Linked Case : WA/28/2023
MANIPUR HOCKEY
BEARING REGISTRARTION NO. 402/M/SR/2009 HAVING ITS REGISTERED
ADDRESS AT IMPHAL
REPRESENTED BY ITS PRESEDENT
KHOIROM LOYALAKPA
AGED ABOUT 59 YEARS
S/O KH. KERANI
KONTHA KHABAM MAYAI LEIKAI
P.O.- MANTRIPUKHRI AND P.S.- HEINGANG
IMPHAL EAST DISTRICT
MANPUR- 795002.
VERSUS
STATE OF MANIPUR AND 2 ORS.
REPRESENTED BY THE COMMISSIONER/ SECRETARY (CO-OPERATION)
GOVERNMENT OF MANIPUR
OFFICE OF OLD SECRETARIAT
BAHUPARA
P.O. AND P.S.- IMPHAL
IMPHAL WEST DISTRICT
MANIPUR- 785001.
2:THE REGISTRAR OF CO-OPERATIVE SOCIETIES
MANIPUR
OFFICE AT LAMPHELPAT
P.O. AND P.S.- LAMPHELPAT
P.O. AND P.S.- LAMPHEL
IMPHAL WEST DISTRICT
MANIPUR- 795004.
3:THE HOCKEY MANIPUR
A REGISTERED AMALGAMATED SOCIETY
REGISTERED UNDER THE MANIPUR SOCIETIES REGISTRATION ACT
1989 HAVING REGISTRATION NO. 419/M/SR/2010 HAVING ITS REGISTERED
OFFICE AT KHUMAN LAMPAK
P.O. AND P.S.- POROMPAT
IMPHAL EAST DISTRICT
MANIPUR
THROUGH ITS GENERAL SECRETARY
TH. MANIHAR SINGH
S/O (L) TH. HERACHANDRA SINGH
A RESIDENT OF KONGBA KSHETRI LEIKAI
MANIPUR.
------------
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Advocate for : N PRISTA DEVI
Advocate for : MR. M HEMCHANDRA appearing for STATE OF MANIPUR AND 2
ORS.
BEFORE
HONOURABLE THE CHIEF JUSTICE
HONOURABLE MR. JUSTICE KARDAK ETE
ORDER
13-03-2023
These writ appeals have been received in this High Court upon being transferred from the High Court of Manipur, by order dated 07.12.2022, passed by the Hon'ble Supreme Court of India.
Both the appeals are directed against the common judgment dated 20.07.2022, passed by the learned Single Bench of High Court of Manipur whereby, the connected WP(C) No. 724 of 2019 and WP(C) No. 916 of 2019 were disposed of in following terms:
"W.P.(C) No.724 of 2019 is allowed. The respondents 1 and 2 are directed to
implement/execute the order dated 22.1.2018 passed by the Secretary (Cooperation), Government of Manipur and the letter dated 14.1.2019 issued by the Registrar of Societies, Manipur within a period of two months from the date of receipt of a copy of this order."
While entertaining the transfer petition, the Hon'ble Supreme Court initially passed an order dated 11.10.2022 directing to maintain status quo as regards the registration of the appellant association. The transfer petition was finally decided by order dated 07.12.2022 whereby proceedings of both the writ appeals have been transferred to this Court.
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Learned counsel Mr. A. Kalita, representing the appellant in both the writ appeals submits that the appellant is the only society in the State of Manipur recognized by the Hockey India. Post the impugned order, the Hockey India is not allowing the Hockey teams of Manipur to participate in the East Zone Championships, scheduled to be held in Odisha on 19 March 2023. He, thus, urges that until the writ appeals are decided, effect and operation of the impugned order passed by the learned Single Bench deserves to be stayed.
Mr. Sahewalla, learned senior counsel representing the respondent No.3 opposes the submissions made hereinabove.
Having considered the submissions advanced at bar and keeping the interests of the Hockey players of Manipur to be of paramount consideration, it is ordered that effect and operation of the impugned order dated 20.07.2022 shall remain stayed till disposal of these appeals.
List the appeals for final disposal in the month of June, 2023.
JUDGE
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