Cycle Polo Federation Of India vs Union Of India
2025 Latest Caselaw 2147 Ker

Kerala High Court

Cycle Polo Federation Of India vs Union Of India on 10 January, 2025

                                                           2025:KER:3469
WA NO. 64 OF 2025

                                      1
                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

            THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR

                                      &

                    THE HONOURABLE MR. JUSTICE S.MANU

         FRIDAY, THE 10TH DAY OF JANUARY 2025 / 20TH POUSHA, 1946

                              WA NO. 64 OF 2025

         AGAINST THE ORDER DATED 31.12.2024 IN WP(C) NO.5997 OF 2023 OF

                             HIGH COURT OF KERALA


APPELLANT/RESPONDENT:

             CYCLE POLO FEDERATION OF INDIA
             DUNDLOD HOUSE, CIVIL LINES, HAWA SADAK, JAIPUR, RAJASTHAN,
             REPRESENTED BY ITS SECRETARY WITH EMAIL [email protected],
             PIN - 302019


             BY ADV SUMEET


RESPONDENT(S)/R1, R2, R3, R5, R6 & PETITIONER:

     1       UNION OF INDIA
             REPRESENTED BY THE SECRETARY, MINISTRY OF SPORTS AND YOUTH
             AFFAIRS, SASTHRI BHAVAN, NEW DELHI, PIN - 110001

     2       STATE OF KERALA
             REPRESENTED BY THE SECRETARY, DEPARTMENT OF SPORTS AND
             YOUTH AFFAIRS, GOVERNMENT SECRETARIAT, STATUE,
             THIRUVANANTHAPURAM, PIN - 695001

     3       KERALA STATE SPORTS COUNCIL
             BEHIND SECRETARIAT, YMCA ROAD, STATUE, THIRUVANANTHAPURAM,
             REPRESENTED BY ITS SECRETARY, PIN - 695001

     4       CYCLE POLO ASSOCIATION OF KERALA
             VII/144, ELOOR EAST, UDYOGAMANDAL, ERNAKULAM, REPRESENTED
             BY ITS SECRETARY, PIN - 683501

     5       SPORTS AUTHORITY OF INDIA
             REPRESENTED BY ITS DIRECTOR, JAWAHARLAL NEHRU STADIUM
             COMPLEX (EAST GATE), LODHI ROAD, NEW DELHI, PIN - 110003
                                                         2025:KER:3469
WA NO. 64 OF 2025

                                  2
     6     KERALA CYCLE POLO ASSOCIATION
           REG.NO 1471/1990 HAVING ADDRESS AT TC 20/1232, KARAMANA
           P.O., THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY,
           E.K. RIYAS, PIN - 695002


           BY ADV S. BIJU


OTHER PRESENT:

           SRI S BIJU, SCGC,
           SRI R RANJITH, (SC),



     THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 10.01.2025, THE

COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                               2025:KER:3469
WA NO. 64 OF 2025

                                      3




                               JUDGMENT

(Dated this the 10th day of January 2025)

NITIN JAMDAR, C.J.

This Writ Appeal is filed under Section 5 of the Kerala High Court Act, 1958. By order dated 31 December 2024, the learned Single Judge permitted the players to participate in the National Cycle Polo Championship. The Respondent/Original Petitioner filed a Writ Petition seeking a writ of mandamus commanding the 4 th Respondent to grant affiliation (renewal) to the Petitioner Association. A writ of mandamus was also sought against the 4 th Respondent to disaffiliate the 5th Respondent. The W.P (C)No.5997 of 2023 was filed on 17 February 2023 and the same is pending.

2. The Original Petitioner - Association claims that it was formed in the year 1968 and it was affiliated to 4th Respondent from the year 1970 and it was duly registered under the provisions of the Travancore Cochin Literary, Scientific and Charitable Societies Registration Act, 1955. The grievance of the Original Petitioner is that the 5 th Respondent which has been formed in respect of the sport of Cycle Polo is not entitled to be affiliated. This position is contested by Respondents 4 and 5. Upon these rival pleadings, the Petition is pending for hearing.

3. Heard Mr.Sumeet Singh Shokeen, learned counsel for the 2025:KER:3469 WA NO. 64 OF 2025

Appellant, Adv.Mr.Vishnu, representing Ms.Latha Anand, learned Standing Counsel for the 3rd Respondent and Mr.R.Ranjith, learned Standing Counsel for the 6th Respondent.

4. The impugned order was passed in this Petition on 31 December 2024 upon an application filed by the Petitioner to permit the players sponsored by the Petitioner - Association to participate in 39th Sub Junior Boys, 43rd Junior Boys and 45th Senior Men's National Cycle Polo Championship 2024 to be held at West Bengal from 11 January 2025 to 15 January 2025. This application was allowed subject to the outcome of the Writ Petition. This interim order has followed the earlier similar interim orders passed in the Writ Petition.

5. As stated above, the Writ Petition is still pending and the issue of affiliation is under consideration of this Court. Though interim orders passed permitting players to participate, they are made subject to the outcome of the Petition. This, according to us, would place the players at substantial risk. As in case the Petition is dismissed, the efforts put in by these players could be rendered fruitless. It is to be noted that the applications are moved citing urgency and the Court is called upon to pass urgent orders. Passing interim orders permitting players to participate, subject to the outcome of the Petition may create further complications in this controversy.

6. Therefore, we agree with the counsel for the Appellant that such interim orders should not be routinely granted merely because earlier such 2025:KER:3469 WA NO. 64 OF 2025

orders are passed. Final resolution of the dispute is necessary. Even the counsel for the petitioner submits that, in the interest of all parties, the writ petition itself be heard and the issue be conclusively decided.

7. As far as the order impugned in this Appeal is concerned, the event would start on 11 January 2025, we are informed that the players have already left for West Bengal. Therefore, at this stage, we are not inclined to interfere with the interim order. However, we are of the opinion that the issue of affiliation should be finally decided in the pending Writ Petition, at the earliest, which will be in the interest of all parties.

8. Appeal is disposed of. All the contentions on merits are left open.

Sd/-

NITIN JAMDAR CHIEF JUSTICE Sd/-

S.MANU JUDGE rp 2025:KER:3469 WA NO. 64 OF 2025

PETITIONER ANNEXURES

Annexure A1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE CYCLE POLO FEDERATION OF INDIA

Annexure A2 TRUE COPY OF THE LETTER DATED 19.01.2013 ISSUED BY THE CYCLE POLO FEDERATION OF INDIA

Annexure A3 TRUE COPY OF THE MINUTES OF THE EXECUTIVE COMMITTEE AND THE AGM OF THE CYCLE POLO FEDERATION OF INDIA DATED 31.03.2013

Annexure A4 TRUE COPY OF THE LETTER DATED 10.04.2013 ISSUED BY THE KERALA OLYMPIC ASSOCIATION

Annexure A5 TRUE COPY OF THE LETTER DATED 06.07.2013 ISSUED BY THE CHAIRMAN OF THE AD-HOC COMMITTEE

Annexure A6 TRUE COPY OF THE LETTER DATED 12.07.2013 ISSUED BY THE KERALA SPORTS COUNCIL THEREBY APPOINTING OBSERVER

Annexure A7 TRUE COPY OF THE OBSERVER'S REPORT DATED 19.07.2013 ISSUED BY THE OBSERVER OF KERALA SPORTS COUNCIL

Annexure A8 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 01.10.2013

Annexure A9 TRUE COPIES OF THE LETTERS DATED 15.01.2015 ISSUED BY THE CYCLE POLO FEDERATION OF INDIA

Annexure A10 TRUE COPY OF THE LETTER DATED 21.01.2017 ISSUED BY THE CYCLE POLO FEDERATION OF INDIA

Annexure A11 TRUE COPY OF THE REPLY DATED 22.08.2016 ISSUED BY THE KERALA STATE SPORTS COUNCIL

Annexure A12 TRUE COPY OF THE LETTER DATED 13.05.2017 ISSUED BY THE CYCLE POLO FEDERATION OF INDIA IN FAVOUR OF THE UNDER SECRETARY, MINISTRY OF YOUTH AFFAIRS AND SPORTS, GOVERNMENT OF INDIA

Annexure A13 TRUE COPY OF THE AFFILIATION CERTIFICATE DATED 01.05.2018 ISSUED BY THE CYCLE POLO FEDERATION OF INDIA

Annexure A14 TRUE COPY OF THE LETTER DATED 09.08.2022 ISSUED 2025:KER:3469 WA NO. 64 OF 2025

BY THE CYCLE POLO FEDERATION OF INDIA IN FAVOUR OF THE KERALA STATE SPORTS COUNCIL

Annexure A15 TRUE COPY OF THE LETTER DATED 30.03.2023 ISSUED BY THE CYCLE POLO FEDERATION OF INDIA IN FAVOUR OF THE KERALA STATE SPORTS COUNCIL

Annexure A16 COPY OF WPC

Annexure A17 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE APPELLANT FEDERATION IN WRIT PETITION BEARING WP(C) NO. 5997 OF 2023 WITHOUT ITS ANNEXURES/EXHIBITS

Annexure A18 TRUE COPY OF THE I.A NO. 04 OF 2024 FILED BY THE RESPONDENT NO. 06 ASSOCIATION IN WRIT PETITION BEARING WP(C) NO. 5997 OF 2023

Annexure A19 CERTIFIED COPY OF INTERIM ORDER

Annexure A20 TRUE COPY OF THE RELEVANT PORTION OF THE NATIONAL SPORTS CODE, 2012

Annexure A21 TRUE COPY OF THE I.A NO. 06 OF 2024 FILED BY THE RESPONDENT NO. 06 ASSOCIATION IN WRIT PETITION BEARING WP(C) NO. 5997 OF 2023

Annexure A22 CERTIFIED COPY OF THE INTERIM ORDER DATED 31- 12-2024 IN WP(C) 5997/2023 ON HIGH COURT