Kerala Wushu Association vs Union Of India
2023 Latest Caselaw 6879 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
         THURSDAY, THE 22ND DAY OF JUNE 2023 / 1ST ASHADHA, 1945
                        WP(C) NO. 30202 OF 2022
PETITIONERS:

     1       KERALA WUSHU ASSOCIATION
             REPRESENTED BY ITS GENERAL SECRETARY S.S. SUNIL, ATHAM,
             T.C. 27/687, VANCHIYOOR P.O., THIRUVANANTHAPURAM -
             695035.

     2       THE GENERAL SECRETARY,
             KERALA WUSHU ASSOCIATION, TC. 27/687, VANCHIYOOR P.O.,
             THIRUVANANTHAPURAM - 695035.

             BY ADV JAMSHEED HAFIZ


RESPONDENTS:

     1       UNION OF INDIA
             REPRESENTED BY THE SECRETARY, MINISTRY OF YOUTH AFFAIRS
             AND SPORTS, C-WING, SASTRI BHAVAN, NEW DELHI - 110001.

     2       THE WUSHU ASSOCIATION OF INDIA,
             REPRESENTED BY ITS GENERAL SECRETARY, 248, 2ND FLOOR,
             GOLD COAST, ROHTA ROAD, MEERUT, U.P. - 250002.

     3       KERALA STATE SPORTS COUNCIL,
             REPRESENTED BY ITS SECRETARY, YMCA ROAD, PALAYAM,
             THIRUVANANTHAPURAM-695001.

     4       *KERALA WUSHU ASSOCIATION
             III RD FLOOR, HOTEL SAGAR BUILDING, KOTTACKAL (PO), PIN-
             676503, MALAPPURAM DISTRICT. REPRESENTED BY GENERAL
             SECRETARY, P. RAVEENDRAN, AGED 53 YEARS, S/O
             RADHAKRISHNAN PULIYANCODE HOUSE, KLARI AMSOM DESOM,
             EDARIKODE (P.O), TIRURANGADI TALUK ,MALAPPURAM DISTRICT (
             ADDL.R4 IS IMPLEADED AS PER ORDER DATED 20-10-2022 IN IA-
             1/2022 IN WP(C) 30202/2022). *NAME AND ADDRESS OF ADDL R4
             IS CORRECTED AS "P.RAVEENDRAN, AGED 53 YARS,
             S/O.RADHAKRISHNAN, PULIYANCODE HOUSE, KLARI AMSOM DESOM,
             EDARIKODE (P.O) TIRURANGADI TALUK, MALAPPURAM DISTRICT,
 W.P.(C)No.30202 of 2022       2

           PRESENT GENERAL SECRETARY, KERALA WUSHU
           ASSOCIATION." AS PER ORDER DATED 2-03-2023 IN IA
           1/2023 IN WP(C)30202/2022.

    5      ERNAKULAM DISTRICT WUSHU ASSOCIATION
           REGISTRATION NO.383/EKM, 20/1229, SOORYAKANTHI,
           SNDP NORTH ROAD, KACHERIPADY, PALLURUTHY, KOCHI
           -682006, ERNAKULAM DISTRICT, REPRESENTED BY ITS
           DISTRICT SECRETARY, A.P. UDAYAN, AGED 58 YEARS,
           SON OF PRABHAKARAN. (ADDL R5 IS IMPLEADED AS PER
           ORDER DATED 29-05-2023 IN WP(C)30202/22 IN IA
           4/2023)

    6      DR.C.P.ARIF
           REPRESENTED BY ITS GENERAL SECRETARY, KERALA
           WUSHU ASSOCIATION PALAZHI, G.A. COLLEGE POST,
           KOZHIKODE - 673014 ADDL R6 IS IMPLEADED AS PER
           ORDER DATED 29-05-2023 IN WP(C) 30202/2022 IN IA
           8/2023.

          BY ADVS.
          MARTIN JOSE P
          T.S.SREEKUTTY
          B.ASHOK SHENOY
          ANEESH JAMES
          P.PRIJITH(K/233/2005)
          THOMAS P.KURUVILLA(K/420-B/2005)
          R.GITHESH(K/630/2002)
          MANJUNATH MENON(K/000474/2015)
          SACHIN JACOB AMBAT(K/734/2016)
          ANNA LINDA V.J(K/1201/2020)
          HARIKRISHNAN S.(K/497/2019)
          S.SREEKUMAR (SR.)(S-571)


OTHER PRESENT:

           DSG - S.MANU


     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 22.06.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C)No.30202 of 2022                3


                    VIJU ABRAHAM,J
               -----------------------
               W.P.(C)No.30202 of 2022
            -----------------------------
        Dated this the 22nd day of June, 2023

                                JUDGMENT

The above writ petition is filed seeking the

following prayers:

(i)to issue a Writ of Certiorari or such other appropriate writ, order or direction quashing Ext.P9 letter No.158/WAI/2022-23 dated 18-09-2022 issued by the 2 nd respondent as it is arbitrary and illegal;

(ii) to issue a Writ of Mandamus or order or direction to the 2nd respondent to allow the present committee duly elected to continue in office until their successor is elected in accordance with the bye-law of the Kerala Wushu Association;

(iii) to declare that the present elected committee is not liable to be dissolved for any of the reasons referred in Ext.P9;

(iv) to issue such other appropriate writ, order or direction as is deemed just and necessary in the circumstances of the case.

2. Brief facts of the case is as follows:

Petitioner is the General Secretary of Kerala Wushu

Association, which is recognised by Kerala State

Sports Council as well as affiliated to the Wushu

Association of India and the Olympic Association.

As per the bye-law of the Kerala Wushu Association,

an elected committee can continue in office for a

minimum period of four years, which is to be

elected at the general body meeting of the

representatives of each District Committee and

each District Committee can sent two nominees to

attend the general body meeting. The last general

body meeting was held on 29.10.2018 at

Thiruvananthapuram and in the said meeting,

Sri.Binoy Joseph was elected as the President and

Sri.S.S.Sunil as the General Secretary as is

evident from Ext.P1 minutes of the meeting held on

29.10.2018. The present elected committee was

recognised by the Wushu Association of India, the

2nd respondent herein as per Ext.P4 and by the

Kerala State Sports Council, the third respondent

herein by Ext.P5 and the Kerala Olympic Association

as per Ext.P6 certificate dated 6.3.2019. The

election to the committee of the Kerala Wushu

Association was challenged by one P.Raveendran

before this Court filing of WP(C) No.4012 of 2019

and the said writ petition was disposed of as per

Ext.P7 judgment directing the Secretary of the 3rd

respondent to consider the rival claims and declare

the eligible office bearers. Pursuant to Ext.P7

judgment the Secretary of the 2nd respondent as per

Ext.P8 proceedings declared that the new body is

the legally elected office bearers. After the

issuance of Ext.P8 the elected committee is

organising the games in Wushu at various levels. To

the surprise of the petitioner the 2nd respondent

has now issued Ext.P9 communication to the 3rd

respondent intimating that the present elected

committee of Kerala Wushu Association is dissolved,

and to conduct a free and fair election to the

committee. An adhoc committee is constituted to

look into the day to day affairs of Kerala Wushu

Association, till fresh elections are held. The

said decision is under challenge in this writ

petition and the petitioner has also sought for a

direction to the 2nd respondent to allow the

present committee to continue in office until their

successor is elected in accordance with the bye-law

of the Kerala Wushu Association.

3. The main contentions raised in support of the

challenge against Ext.P9 order is that the same is

issued even without notice to them and without

hearing any of the affected parties, and therefore,

Ext.P9 violates all principles of natural justice.

The 2nd respondent has no authority to dissolve a

duly elected committee and therefore, Ext.P9 is

arbitrary and violative of Article 14 of the

Constitution of India. No valid reasons have been

stated in Ext.P9 to dissolve the elected committee.

The present committee has been actively involved

and encouraging Wushu Sports and Kerala Wushu

Association has secured 85 medals during the tenure

of the present committee. Petitioner submits that

while the writ petition was pending consideration

the election to the Kerala Wushu Association was

scheduled as per Ext.P10 election notification and

the elections were scheduled to be held on

15.3.2023. Petitioner took a contention that

before deciding on to the challenge against Ext.P9,

the election to the Wushu Association shall not be

permitted to be conducted and the petitioner has

filed I.A.No.2 of 2023 in the present writ petition

seeking stay of all further proceedings of the

proposed election scheduled to be held on

15.3.2023. The 6th respondent, who is the General

Secretary of the Kerala Wushu Association sought

for impleadment as additional 6th respondent and

this Court as per order dated 29.5.2023 impleaded

the said respondent as additional 6th respondent in

the present writ petition.

4. The 2nd respondent, the Wushu Association of

India has filed a detailed counter affidavit

wherein it is contended that the 2nd petitioner has

no right to represent the 1st petitioner in as much

as the executive committee of the 1st petitioner

was dissolved on allegation of mismanagement and

lack of good governance. The Executive Committee of

the 1st petitioner failed to promote the sports of

Wushu in Kerala and as a result, no players from

Kerala had participated in the official events

conducted by the International Wushu Federation and

Wushu Federation of Asia. Further the 2nd

respondent has been receiving complaints about the

executive committee of the 1st petitioner regarding

their negligence. It is thereupon that a decision

was taken to dissolve the executive committee of

the 1st petitioner association which was intimated

to the 3rd respondent as per Ext.P9. An Adhoc

Committee has been constituted to look after the

day to day affairs of the Kerala Wushu Association

till fresh elections are held. The 2nd respondent

is empowered as per Ext.P12 Memorandum of

Association and Rules and Regulations of the Wushu

Association of India to disaffiliate and de-

recognise or suspend the State Unit for non-

observance of directives and not holding elections

after the completion of normal tenure, after

issuing a show cause notice seeking for their

explanation. The President/Secretary of the 1st

petitioner was issued with a notice dated 4.7.2022

by the 2nd respondent, which is produced as

Ext.R2(a), seeking for an explanation as there was

several complaints regarding the activities of the

1st petitioner and the District Associations and

sports persons have complained that the Kerala

Wushu Association does not hold regular meetings,

selection championships are not conducted in a

transparent manner, there is financial corruption

and that the grant due to Wushu Sports person from

the 3rd respondent have not yet been made

available. Though Ext.R2(a) was accepted by the

then President Mr.Binoy Joseph, there was no

response. Since Ext.R2(a) evoked no response from

the 1st petitioner, the 2nd respondent issued a

reminder dated 25.07.2022, which is produced as

Ext.R2(b) and the same was also received, but there

was no response. It is after issuing these two

notices which are produced as Exts.R2(a) and R2(b)

that the decision mentioned in Ext.P9 to dissolve

the executive committee of the 1st petitioner was

taken by the 2nd respondent. Therefore, the

contention of the petitioner that no show cause

notice was served on the petitioner and therefore,

the dissolution of the Executive Committee is in

violation of the principles of natural justice, is

without any basis. The 2nd respondent in the

counter affidavit has taken a further contention

that Article 19 of Ext.P13 Bye-law provides that

all unresolved disputes arising within the

affiliated member units or between the affiliated

member units of the 2nd respondent shall be

referred to the Arbitration Commission and that the

arbitration proceedings shall be carried out in

accordance with the provisions of the Arbitration

and Conciliation Act, 1996 and therefore it was

contended that the dissolved Executive committee of

the 1st petitioner has an alternative and

efficacious remedy, which has not availed of and in

view of the alternate remedy available to the

petitioner the above writ petition is not

maintainable. The Adhoc committee assumed charge

and they were entrusted to discharge the functions

of the executive committee till such time fresh

elections are held to the executive committee of

the 1st petitioner. Subsequently, the Adhoc

committee of the 1st petitioner issued election

notification and Ext.P11 notice of special general

body meeting was issued scheduling the election to

the Executive Committee of the 1st petitioner on

15.3.2023. In pursuance of the notification and

notice issued, the 3rd respondent Sports Council as

per Ext.R2(c) nominated a member as observer for

the election and thereafter, the election to the

Executive Committee of the 1st petitioner was

conducted in the Special General Body meeting held

on 15.3.2023 which was attended by representatives

of 13 districts in Kerala, as is evident from

Ext.R2(d), minutes of the meeting held on

15.3.2023. Subsequently, the 2nd respondent issued

Ext.R2(e) letter dated 16.3.2023 to the 3rd

respondent certifying that the 1st petitioner is

the affiliated unit of the 2nd respondent

comprising of the newly elected members. This

Court as per order dated 14.3.2022 though permitted

the conduct of the election, directed that the

office bearers shall take charge only after

obtaining further orders from this Court and in

view of the said interim order the Adhoc Committee

is continuing until further orders. It is further

stated that as per Ext.R2(f) bye-laws, the election

to the Executive Committee shall be conducted every

two years in the Annual General Body meeting and

the contention of the petitioner that the elected

committee is for a period of four years is

absolutely incorrect. Therefore, they sought for

dismissal of the writ petition.

5. I have heard the contentions of the parties

appearing on both sides.

6. Let me first consider the challenge against

Ext.P9. The main contention raised by the

petitioner is that the decision taken by the 2nd

respondent to dissolve the present committee is

without affording an opportunity of being heard and

without any notice to the committee and therefore,

Ext.P9 is issued in violation of the principles of

natural justice. In the counter affidavit filed by

the 2nd respondent it is contended that notices

were issued as Exts.R2(a) and R2(b) and the said

notices were duly received by the then President of

the 1st petitioner Association but there was no

response. Therefore, taking into consideration the

allegations against the Executive Committee of the

1st petitioner Association a decision was taken to

dissolve the executive committee of the 1st

petitioner. Petitioners have filed a reply

affidavit and contented that Exts.R2(a) and R2(b)

are fabricated and concocted document and that the

same has been served on one Mr.Binoy Joseph, who

was the President of the 1st petitioner Association

is false and incorrect. It is also urged by the

petitioners that the former President who has

allegedly endorsed receipt of Exts.R2(a) and R2(b)

has resigned from the 1st petitioner Association on

6.8.2022. Even going by the averments of the

petitioners the president who was received

Exts.R2(a) and R2(b) has resigned from the

Association only on 6.8.2022 whereas Exts.R2(a) and

R2(b) notices are dated 4.7.2022 and 25.7.2022.

Therefore, the contention of the petitioners that

the dissolution of the executive committee of the

1st petitioner was without notice to them is

without any basis.

7. The second relief sought for by the

petitioners is to permit the present committee to

continue in office until their successor is elected

in accordance with the bye-law of the Kerala Wushu

Association. In Ext.P9 communication itself it was

intimated to the 3rd respondent that the present

committee of the 1st petitioner is dissolved and an

Adhoc committee has been appointed till fresh

elections are conducted to the Executive committee

of the 1st petitioner. In the counter affidavit it

is specifically stated that the executive committee

has conducted an election in the Special General

Body meeting scheduled on 15.3.2023 and the said

election was done in the presence of an observer

from the 3rd respondent Sports Council. Ext.R2(d)

is the minutes of the meeting wherein election to

the new executive committee was conducted.

Subsequently, the 2nd respondent have issued

Ext.R2(e) letter to the 3rd respondent certifying

that the 1st petitioner is an affiliated unit of

the 2nd respondent comprising of the newly elected

members. So on the basis of Ext.R2(e) letter

addressed to the 3rd respondent, the 2nd respondent

has recognised the 1st petitioner as the affiliated

unit of the 2nd respondent comprising of the newly

elected members. It is also the case of the 2 nd

respondent that going by Article 19 of Ext.P13 bye-

law, all unresolved disputes arising within the

affiliated unit members or between affiliated

member units of the 2nd respondent shall be

referred to the Arbitration Commission and

Arbitration Proceedings shall be carried out in

accordance with the provisions of the Arbitration

and Conciliation Act, 1996. I have already held

that the dissolution of the 1st petitioner

committee by the 2nd respondent is after issuing

show cause notice to them seeking their

explanation. Subsequently election to the executive

committee of the 1st petitioner was duly conducted

in the general body meeting held on 15.3.2023 and

therefore the 2nd prayer of the petitioners that

they may be permitted to continue in office till a

new elected committee is elected in accordance with

the law, cannot be granted.

8. This Court as per order dated 14.3.2023,

though permitted to conduct election to the

executive committee of the 1st petitioner

Association, however injuncted the taking charge of

the office bearers till further orders are issued

from this Court. In view of the fact that the

elections have been conducted and that the new

committee has been approved by the 2nd respondent,

as is evident from Ext.R2(e) letter addressed to

the 3rd respondent, the interim order dated

14.3.2023 injuncting the office bearers who were

elected in the General Body Meeting held on

15.3.2023, is hereby vacated.

With the above said directions, the above writ

petition is disposed of.

sd/-

VIJU ABRAHAM, JUDGE pm

APPENDIX OF WP(C) 30202/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE MINUTES OF THE MEETING CONDUCTED ON 29-10-2018 OF THE KERALA WUSHU ASSOCIATION.

Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 16-08-

2008 IN W.P. (C)NO. 27562/2008.

Exhibit P3 TRUE COPY OF THE PROCEEDINGS OF THE SECRETARY, KERALA STATE SPORT COUNCILS NO. K.S.S.C/A3/1884/15 DATED 28-07- 2015.

Exhibit P4 TRUE COPY OF THE LETTER GIVEN BY THE GENERAL SECRETARY, WUSHU ASSOCIATION OF INDIA DATED 26-12-2018

Exhibit P5 TRUE COPY OF THE CERTIFICATE GIVEN BY THE KERALA STATE SPORTS COUNCIL DATED 6-3-2019.

Exhibit P6 TRUE COPY OF THE CERTIFICATE ISSUED BY THE SECRETARY, KERALA OLYMPIC ASSOCIATION DATED 6-3-2019.

Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 2-2-

2022 IN W.P.(C)NO. 4012/2019

Exhibit P8 TRUE COPY OF THE PROCEEDINGS NO.

K.S.S.C./C1/373/2022 DATED 19-04-2022 ISSUED BY THE SECRETARY, KERALA STATE SPORTS COUNCIL

Exhibit P9 TRUE COPY OF THE LETTER NO.

158/WAI/2022-23 DATED 18-09-2022 ISSUED BY THE 2ND RESPONDENT.

Exhibit P10 TRUE COPY OF THE LIST OF MEMBERS OF THE ADHOC COMMITTEE ISSUED BY THE 2ND RESPONDENT DATED 18.09.2022

Exhibit P11 TRUE COPY OF THE NOTICE OF SPECIAL GENERAL BODY OF THE STATE COUNCIL DATED 01.03.2023

Exhibit P12 TRUE COPY OF THE RELEVANT PORTION OF BYE LAW OF THE WUSHU ASSOCIATION DATED NIL

Exhibit P14 TRUE COPY OF THE NOTICE OF THE 2ND RESPONDENT WUSHU ASSOCIATION OF INDIA DATED 05.04.2023

Exhibit P15 TRUE COPY OF THE REQUEST LETTER SUBMITTED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT KERALA STATE SPORTS COUNCIL DATED 10.04.2023

RESPONDENT ANNEXURES

Annexure A TRUE COPY OF THE MINUTES OF THE MEETING DATED 15-03-2023

Annexure B TRUE COPY OF LETTER DATED 16-03-2023

Exhibit R6(a) TRUE COPY OF THE ELECTION NOTICE DATED 04-04-2023

Exhibit R6(b) TRUE COPY OF THE ELECTION SCHEDULE DATED 04-04-2023

Exhibit R6(c) TRUE COPY OF THE ELECTION BYE-LAWS FOR THE ELECTION OF OFFICE BEARERS AND OTHER MEMBERS OF THE EXECUTIVE BOARD

RESPONDENT EXHIBITS

EXHIBIT R 2(a) True copy of the President/Secretary of the 1st petitioner was issued with a notice dated 04-07-2022 by the 2nd respondent,

EXHIBIT R 2(b) true copy of the letter dated 25-07-

EXHIBIT R 2(c) true copy of the letter issued by the 3rd respondent dated 14-03-2023

EXHIBIT R 2(d) true copy of the minutes of the meeting dated 15-03-2023 along with a list of office-bearers

EXHIBIT R 2(e) True copy of the 2nd respondent issued a letter dated 16-03-2023 to the 3rd respondent

EXHIBIT R 2(f) true copy of the bye-law of the 1st petitioner

PETITIONER EXHIBITS

Exhibit P 16 True copy of the Decision of the decision of the petitioner Association dated 17.08.2022

Exhibit P 16a True copy of the Decision of the petitioner Association dated 06.02.2023

Exhibit P17 True copy of the complaint filed by the petitioner Association before the Hon'ble Minister for Sports, Kerala dated 03.05.2023

Exhibit P18 True copy of the list of new office bearers elected by the petitioner and approved by the registrar of society dated 05.04.2023

Exhibit P19 True copy of the resignation submitted by the Mr. Binoy Varghese dated 06.08.2022