Kerala High Court
Binni T.R vs Kerala States Sports Council on 8 September, 2021
W. P. (C) No. 10329 of 2018 -1-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 8TH DAY OF SEPTEMBER 2021 / 17TH BHADRA,
1943
WP(C) NO. 10329 OF 2018
PETITIONER/S:
BINNI T.R
AGED 43 YEARS, S/O. RAJAN, THARAYIL HOUSE,
MOOTHAKUNNAM,ERNAKULAM DISTRICT - 683 516.
BY ADVS.
SRI.BABU KARUKAPADATH
SRI.E.M.ABDUL KHADER
SMT.AMRIN FATHIMA
SRI.K.M.FAISAL KALAMASSERY
SRI.MITHUN BABY JOHN
SRI.RAHUL ROY
SMT.M.A.VAHEEDA BABU
SRI.P.U.VINOD KUMAR
RESPONDENT/S:
1 KERALA STATES SPORTS COUNCIL
STATUE JUNCTION,PALAYAM, THIRUVANANTHAPURAM - 695
001,REPRESENTED BY ITS SECRETARY.
2 THE ADMINISTRATIVE BOARD
KERALA STATES SPORTS COUNCIL,STATUE
JUNCTION,PALAYAM, THIRUVANANTHAPURAM - 695
001,REPRESENTED BY ITS SECRETARY.
3 THE SECRETARY
KERALA STATES SPORTS COUNCIL,STATUE
JUNCTION,PALAYAM, THIRUVANANTHAPURAM - 695 001.
4 S. RAJEEV
MEMBER, KERALA STATES SPORTS COUNCIL,OFFICE OF
THE KERALA STATE SPORTS
COUNCIL,THIRUVANANTHAPURAM - 695 001.
W. P. (C) No. 10329 of 2018 -2-
5 P.J JOSEPH
MEMBER, KERALA STATES SPORTS COUNCIL,OFFICE OF
THE KERALA STATE SPORTS
COUNCIL,THIRUVANANTHAPURAM - 695 001.
6 K. VIJAYAKUMAR
MEMBER, KERALA STATE SPORTS COUNCIL,OFFICE OF THE
KERALA STATE SPORTS COUNCIL,THIRUVANANTHAPURAM -
695 001.
7 PULLUVILA STANLY
MEMBER, KERALA STATE SPORTS COUNCIL,PUTHOOR
VEEDU, MRA 4TH LANE, THAMBURANMUKKU, VANCHIYUR
P.O,THIRUVANANTHAPURAM - 695 035.
8 M. VIJAYAKUMAR
MEMBER, KERALA STATE SPORTS COUNCIL,OFFICE OF THE
KERALA STATE SPORTS COUNCIL,THIRUVANANTHAPURAM -
695 001.
9 K.M.A METHAR
MEMBER, KERALA STATE SPORTS COUNCIL,OFFICE OF THE
KERALA STATE SPORTS COUNCIL,THIRUVANANTHAPURAM -
695 001.
10 P.J SUNNY
MEMBER, KERALA STATE SPORTS COUNCIL,OFFICE OF THE
KERALA STATE SPORTS COUNCIL,THIRUVANANTHAPURAM -
695 001.
11 V.N PRASOOD
MEMBER, KERALA STATE SPORTS COUNCIL,OFFICE OF THE
KERALA STATE SPORTS COUNCIL,THIRUVANANTHAPURAM -
695 001.
12 B.V AJITH LAL
MEMBER, KERALA STATE SPORTS COUNCIL,OFFICE OF THE
KERALA STATE SPORTS COUNCIL,THIRUVANANTHAPURAM -
695 001.
13 VIDYADHARANPILLA
MEMBER, KERALA STATE SPORTS COUNCIL,OFFICE OF THE
KERALA STATE SPORTS COUNCIL,THIRUVANANTHAPURAM -
695 001.
BY ADVS.
SRI.M.ALFRED LIONEL WINSTON
SMT.K.L.LAKSHMI RANI
SMT.LATHA ANAND, SC, KERALA STATE SPORTS COUNCIL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.09.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W. P. (C) No. 10329 of 2018 -3-
JUDGMENT
Shaji P. Chaly, J.
This writ petition is filed by the petitioner seeking the following
reliefs:-
"(i) Declare that, no person shall be entitled to be an
elected member of the 1st Respondent under Section 3 (3) of the
Kerala Sports Act, 2000 for more than 3 consecutive terms in
violation of Section 3(8) of the Act;
(ii) Declare that the very constitution of the 1st
Respondent with the Respondents 4 to 13 and other persons, who
are the elected members of the 1st Respondent for more than 3
consecutive terms, and all the decisions taken by the 1st
Respondent with such persons as its members are illegal, void
and ultra vires the Kerala Sports Act, 2000;
(iii) Declare that the proposed general body of the 1 st
Respondent Kerala Sports Council on 27/03/2018 on the basis of
Exhibit-P1 and any other general body with the elected members
of the 1st Respondent for more than 3 consecutive terms is illegal
and without jurisdiction or authority and void;
(iv) Issue a writ of mandamus or any other appropriate
writ, order or direction commanding the respondents 1 to 3 to
remove all the persons in the general body of the 1 st Respondent
continuing as elected member for more than 3 consecutive terms
in violation of Section 3 (8) of the Kerala Sports Act, 2000 and to
re-constitute the 1st Respondent strictly in terms of Section 3 (3)
of the Act read with Section 3(8) of the Act."
2. The subject issue relates to the election conducted to the
Kerala State Sports Council. According to the petitioner, as per
Section 3(3) of the Kerala Sports Act, 2000, the Kerala State Sports
Council, i.e. the 1st respondent, shall be constituted with elected
members, i.e. one member each from each recognized State Sports
Organizations. It is also the contention of the petitioner that as per
Section 3(8) of the Kerala Sports Act, 2000, no person shall be elected
as a member consecutively for more than three terms, which according
to the petitioner, was made in order to avoid possible corruption and
other illegal activities against the very interest of the sports and the
Sports Council.
3. The significant factual contention advanced by the petitioner
is that even though the law being so, the Kerala State Sports Council
was constituted with respondents 4 to 13, who have completed four
terms and more, and even up to eight terms as elected members of the
Kerala State Sports Council. Therefore, it is contended that the 1 st
respondent has no authority to continue its functions without properly
constituting it with one elected member each from each of the
recognized State Sports Organization in terms of Section 3(3) and 3(8)
of the Kerala Sports Act, 2000.
4. It is further contended that the convening of the General Body
meeting as per Ext. P1 communication dated 12.03.2018 by the 1 st
respondent, who have completed more than three terms, including
respondents 4 to 13, is totally illegal and arbitrary, and therefore, any
decision that may be taken by the so called General Body on
27.03.2018, scheduled as per Ext. P1 or any other subsequent date,
would be illegal and without authority or jurisdiction.
5. The Sports Council, the Administrative Board of the Sports
Council and the Secretary of the Sports Council, respondents1 to 3,
have filed a joint counter affidavit refuting the allegations and
demands raised by the petitioner. It is pointed out that the Kerala State
Sports Council is constituted by the Government of Kerala by
notification in exercise of the powers conferred under Section 3 of the
Kerala Sports Act, 2000, and in the instant case, the Government of
Kerala had issued necessary notification, including respondents 4, 5,
7, 10, 11 and 13 to the Kerala State Sports Council, as elected
members of the recognized State Sports Organizations, whereas
respondents 6, 8, 9 and 12 are not elected members of the Kerala State
Sports Council. Further, respondent No. 5 is not continuing as an
elected member in the Council from 2017-18 onwards. It is also
pointed out that the constitution of the Kerala Sports Council is not
done by the 1st respondent, but by the Government of Kerala, and
therefore, the writ petition is bad for non-joinder of the Government of
Kerala.
6. That apart, it is submitted that the Kerala State Sports Council
and the Kerala Sports Council are two different distinct legal entities
and with the coming into effect of the Kerala Sports Act, the Kerala
Sports Council ceased to exist, and it is the paramount contention of
the respondents that Section 3(8) of the Kerala Sports Act, 2000
provides that no person shall be elected as member for more than three
terms and not consecutively more than three terms, as alleged by the
petitioner.
7. Before the Kerala Sports (Amendment) Act, 2015 came into
force, i.e. on 18.09.2015, Section 3(8) of the Kerala Sports Act, 2000
provided that no person shall be elected as member consecutively for
more than two terms, however, after the amendment, the consecutive
two year terms has been dispensed with, and now as per Section 3(8),
no person shall be elected as member for more than three terms.
8. Therefore, according to the respondents, the three terms
contemplated in Section 3(8) have not been completed till date and
without understanding the true import of the provision, the petitioner
has raised frivolous allegations about the functioning of respondents 4
to 13 as elected members of the Kerala State Sports Council.
9. That apart, it is contended that the descriptions given by the
petitioner in respect of the term of respondents 4 to 13 are absolutely
without any basis, and quite contrary to what the petitioner has stated,
it is submitted that respondents 6, 8, 9, 10 and 12 are not continuing as
elected members of the Kerala State Sports Council, as on date.
Further, it is submitted that only respondents, 4, 5, 7, 11 and 13 are
presently the elected members of the recognized State Sports
Associations in the Kerala State Sports Council and the details of the
period of elected members namely 4, 5, 7, 11 and 13 are produced
along with the counter affidavit and marked as Ext. R1(a).
10. Further, it is submitted that Section 3(6) says that one term is
for five years, which means if there is break between terms, then his
election as a member of the Council was permitted before the
amendment in 2015. The other contentions raised in regard to the
illegality in the conduct of the election are all denied by the
respondents.
11. We have heard learned counsel for the petitioner Smt. Amrin
Fathima and learned Standing Counsel for the Sports Council Smt.
Latha Anand and perused the pleadings and materials on record.
12. The discussion of facts made above would make it clear that
the contentions raised by the petitioners are stoutly denied by the
respondents and have produced Ext. R1(a) to establish that the
election to the Sports Council was conducted in the year 2017-2018,
in accordance with the provisions of the Sports Act, as amended. It is
also submitted that certain of the members alleged to be in the Sports
Council are not continuing as elected members in the Sports Council.
It is further submitted that the term of office narrated by the petitioner
in the writ petition, in respect of respondents 4 to 13, are totally
incorrect and absolutely without any basis.
13. Evidently, the term of the elected members of the Sports
Council is only for a period of five years and the term is due to expire
in the year 2022. The counter affidavit was filed by the Sports Council
as early as on 06.04.2018 and no reply is filed by the petitioner to the
counter affidavit, in spite of an elapse of more than three years.
14. We are of the considered opinion that whatever contentions
raised by the petitioner is stoutly refuted by the Sports Council and
has also produced the details of term of office of the members evident
from Ext. R1(a).
15. In that view of the matter, it is clear that a complex situation
arises and therefore a writ court exercising the power in a summary
manner, may not be able to decipher the disputed questions of fact in
the writ petition. The facts and circumstances contained in the writ
petition and the counter affidavit filed by the Sports Council clearly
demonstrates the situation of disputed facts, which in our considered
opinion, could be only adjudicated by a fact finding competent court.
16. Moreover, since there is no reply to the counter affidavit, it
can only be presumed that the contentions raised in the counter
affidavit by the Kerala State Sports Council is on the basis of the
records maintained by the Sports Council. Above all, as we have
pointed out above, the term is due to expire in a few months time. We
are also conscious of the fact that if the relief sought for by the
petitioner is granted at this distance of time, it would materially affect
the decisions taken by the Sports Council during the last four years in
order to carry out its administration, utilization of funds and
management of the sports activities, which could in turn affect the
sports men who have participated in various events on the basis of the
selection conducted by the Kerala State Sports Council during the last
four years. We are also of the considered opinion that the State was a
necessary party to the proceedings in order to identify the truth of the
allegations and in spite of the specific allegation made in the counter
affidavit in regard to the non -joinder of a necessary party, petitioner
has not cared to Implead the State nor to raise any objection to the said
contention.
In that view of the matter, we have no hesitation to hold that the
petitioner is not entitled to get any reliefs as are sought for in the writ
petition. However, we make it clear that when the election is
conducted to the State Sports Council hereafter, it should be guided by
the provisions of the Kerala Sports Act, 2000, as amended from time
to time, and if there are any prohibitions with respect to the
candidature and election of various recognized Sports Organizations,
as regards term of elected members in the Sports Council, that shall be
scrupulously and strictly followed.
The writ petition is disposed of accordingly.
Sd/-
S. MANIKUMAR
CHIEF JUSTICE
Sd/-
SHAJI P. CHALY
JUDGE
Eb
///TRUE COPY///
P. A. TO JUDGE
APPENDIX OF WP(C) 10329/2018
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE NOTICE DATED 12/03/2018 ISSUED BY
THE 1ST RESPONDENT CONVENING ITS GENERAL BODY WITH
UNQUALIFIED PERSONS AS ITS MEMBERS.
