Shamurailatpam vs The State Of Manipur Represented ...
2022 Latest Caselaw 310 Mani

SHAMURAILAT
                                                                                         Page |1



PAM SUSHIL                             IN THE HIGH COURT OF MANIPUR

SHARMA                                           AT IMPHAL


Digitally signed by                           WP(C) No. 724 of 2019
SHAMURAILATPAM
SUSHIL SHARMA             Hockey Manipur, a registered amalgamated Society,

Date: 2022.07.21          registered under the Manipur Societies Registration Act,
10:03:46 +05'30'          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, Shri Th. Manihar, aged about 56
                          years, S/o (L) Th. Herachandra Singh, a resident of
                          Kongba Kshetri Leikai, Manipur.

                                                                           ... Petitioner
                                                  -Versus-

                          1.     The    State     of   Manipur      represented     by    the
                                 Commissioner          /    Secretary        (Co-operation),
                                 Government of Manipur, Office at Secretariat,
                                 Babupara, P.O. & P.S. Imphal, Imphal West District,
                                 Manipur-795001.

                          2.     The Registrar of Co-operative Societies, Manipur,
                                 Office at Lamphelpat, P.O. & P.S. Lamphel, Imphal
                                 West District, Manipur-795004.

                          3.     The     Manipur       Hockey      bearing     Regd.      No.
                                 402/M/SR/2009 having its registered address at
                                 Imphal, represented by its President Shri Basudev
                                 Singh, a resident of Thangal Bazar P.O. Imphal &
                                 P.S. City, Imphal West District, Manipur-795001.

                                                           .... Official Respondents.

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WP(C) No. 916 of 2019

The Manipur Hockey represented by its President Shri Basudev Singh, aged about 60 years, S/o Late Ganesh Singh, resident of Thangal Bazar P.O. Imphal & P.S. City, Imphal West District, Manipur.

... Petitioner

-Versus-

1. The State of Manipur represented by the Principal Secretary (Co-Op), Govt. of Manipur, Manipur Secretariat, P.O. & P.S. Imphal, District: Imphal West, Manipur-795001.

2. The Registrar of Societies, Govt. of Manipur at Lamphelpat, P.O. & P.S. Lamphel, District : Imphal West, Manipur-795002.

3. The Hockey Manipur represented by its General Secretary, Shri Th. Manihar, S/o (L) Th. Herachandra Singh, a resident of Kongba Kshetri Leikai, Manipur.

.... Respondents.

BEFORE HON'BLE MR. JUSTICE M.V. MURALIDARAN

For the Petitioners :: Mr. M. Hemchandra, Sr. Adv. in WP(C) No. 724 of 2019;

Mr. HS Paonam, Sr. Advocate in WP(C) No. 916 of 2019

For the Respondents :: Mr. Athouba Khaidem, GA

Date of Hearing and Reserving Judgment & Order :: 16.06.2022

Date of Judgment & Order :: 20.07.2022

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JUDGMENT AND ORDER (CAV)

W.P. (C) No.724 of 2019 has been filed to issue a

writ of mandamus directing the respondents 1 and 2 to

implement/execute the order dated 22.1.2018 issued by the

Secretary (Cooperation), Government of Manipur and letter

dated 14.1.2019 issued by the Registrar of Societies, Manipur.

2. W.P. (C) No.916 of 2019 has been filed to issue a

writ of certiorarified mandamus for quashing the order dated

22.1.2018 directing the petitioner therein to change its name and

alter its memorandum within three months and to direct the

respondents 1 and 2 to consider and dispose of the

representation dated 29.12.2017.

3. M.C.(WP(C)) No.34 of 2022 in W.P. (C) No.916 of

2019 has been filed by the applicant to vacate the interim order

dated 13.11.2019 and its subsequent extension.

4. Since the issue involved and parties are one and

the same, both the writ petitions were heard together and

disposed of by this common order.

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4. The dispute pertains to registration of two societies,

namely Hockey Manipur and Manipur Hockey. Hockey Manipur

filed W.P.(C) No.724 of 2019 and Manipur Hockey filed W.P.(C)

No.916 of 2019. For the sake of convenience, the parties are

referred to as Hockey Manipur and Manipur Hockey.

5. Heard Mr. M. Hemchandra, learned senior counsel

for Hockey Manipur in WP(C) No. 724 of 2019; Mr. HS Paonam,

learned senior counsel for Manipur Hockey in WP(C) No. 916 of

2019 and Mr. Athouba Khaidem, learned Government Advocate

for the respondent State in both the writ petitions.

6. The case of Hockey Manipur is as follows:

Hockey Manipur is a registered society and has

been formed by amalgamation of two registered societies,

namely Manipur Hokey Association and Manipur Women's

Hockey Association. On 1.6.2009, the President of Indian

Olympic Association wrote a letter to the President of Manipur

Olympic Association stating that the Indian Olympic Association

has disaffiliated the Indian Hockey Federation and Indian

Women Hockey Federation and provisional affiliation has been

given to one Association, namely Hockey India. The aforesaid

letter further states that Hockey India shall work on the principle

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of One Game-One Body and shall thus give recognition to one

body in each State/Union Territories to control, manage and

administer both men and women Hockey.

6.1. In the wake of formation of unified men's and

women's Hockey Association in various States of India under the

principles of one game one body, Hockey Manipur was formed

by amalgamation in a joint meeting held on 28.6.2009. On

29.6.2009, an ad-hoc committee under the name of Hockey

Manipur was constituted and consequent upon the formation of

the ad-hoc committee, the Manipur Hockey Association and

Manipur Women's Association are suspended from the

membership of the Manipur Olympic Association.

6.2. The ad-hoc committee was under the presumption

that Hockey Manipur was converted into Manipur Hockey upon

its registration with Registrar, Societies, Manipur bearing

Registration No.402/M/ST/2009. Manipur Hockey was formed

on 6.10.2009 without holding a general body meeting and it has

not fulfilled the required procedure and proper documents. Thus,

Manipur Hockey was registered on 12.11.2009 by some vested

interested persons with mala fide and ulterior motive and the

same has been done while the process for amalgamation of

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Manipur Hockey Association and Manipur Women's Hockey

Association was pending.

6.3. Upon amalgamation of the Men's and Women's

Hockey Association, the Hockey Manipur was registered with the

Registrar, Cooperative Societies bearing Registration

No.419/M/SR/2010. While the Manipur Hockey has been

registered as a new society under Section 7(1) of the Manipur

Societies Registration Act, 1989, Hockey Manipur has been

registered as an amalgamated society.

6.4. Challenging the process which are aggrieved,

Hockey Manipur filed W.P.(C) No.435 of 2010 before this Court

and by an order dated 17.3.2016, this Court directed the

Commissioner (Cooperation), Government of Manipur to dispose

of the representation dated 4.1.2010 within a period of two

months. Pursuant to the order dated 17.3.2016, the Principal

Secretary (Cooperation) issued an order dated 2.8.2016

directing Manipur Hockey and Hockey Manipur to reconcile and

come under a common banner within six months. Accordingly,

on 1.7.2017, the Deputy Secretary (Cooperation) issued

summon to Manipur Hockey to appear on 10.7.2017 at 11 A.M.

Challenging the summon, Manipur Hockey filed W.P.(C) No.562

of 2017 before this Court and by the order dated 19.12.2017, the

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said writ petition was allowed thereby quashing the summon

dated 1.7.2017.

6.5. On 22.01.2018, the Secretary (Cooperation),

Government of Manipur passed an order directing Manipur

Hockey to change its name and alter its memorandum within

three months from the date of receipt of the order. Aggrieved by

the said order, Manipur Hockey filed W.P.(C) No.124 of 2018

before this Court and by the order dated 27.11.2018, this Court,

in order to find out an amicable solution, directed the Registrar of

Societies to examine and explore an amicable solution for having

one association only for which Manipur Hockey was directed to

appear before the Registrar. Accordingly, on 14.1.2019, the

Registrar of Societies passed an order declaring that Manipur

Hockey has violated the norms of registration and hence it is

illegal. On 30.8.2019, W.P.(C) No.124 of 2018 dismissed on the

ground that the writ petition has no substance for the reason of

non-joinder of necessary party. Accordingly, Hockey Manipur

filed W.P.(C) No.724 of 2019 for implementation of the order

dated 22.1.2018 and the letter dated 14.1.2019.

7. On the other hand, the case of Manipur Hockey is

as follows:

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Pursuant to the decision taken in the meeting held

on 6.10.2009 and after discussing and deliberating thoroughly on

the issue and in view of the advice given by the IOA to the MOA

to follow the policy of one game one association, the members of

the meeting resolved to form an association under the name and

style of Manipur Hockey for not only uplifting the game of hockey

in the State of Manipur, but also for the sake and interest of the

players, who are being deprived of their fruit of labour on account

of the mismanagement by the members administering the sport

in the State of Manipur.

7.1. After formation of Manipur Hockey, it approached

Hockey India, which is the apex body of the game in the country,

for its affiliation with them. Thereafter, after taking into account

the credentials of the members of Manipur Hockey, who are

managing the affairs of hockey in the State of Manipur, granted

affiliation of Manipur Hockey to Hockey India with effect from

22.10.2009 of the President of Hockey India. In the said letter,

Manipur Hockey was also requested to get itself registered under

the Societies Registration Act within six months and deposit the

required affiliation fee within three months from the date of the

said order.

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7.2. In terms of the resolution taken in the meeting held

on 6.10.2009, necessary applications, documents and

registration fee required under the provisions of Manipur

Societies Registration Act, 1989 and Rules were submitted to the

Registrar of Cooperative Societies for registration of Manipur

Hockey. After completing all formalities and procedures provided

by law, the Registrar had issued a notification bearing

No.402/M/SR/09 dated 12.11.2009 notifying the registration of

Manipur Hockey under Section 7(1) of the Manipur Societies

Registration Act. After the registration, Manipur Hockey has

been controlling, managing and looking after the game of hockey

as the only authorized and recognized association by selecting

the players to represent the State and arranging for their

participation in various State level and National level hockey

tournaments. Manipur Hockey is also organizing many National

level and State level hockey tournaments right from its affiliation

and registration till date as it is the only authorized and

recognized hockey association in the State of Manipur.

7.3. Only after the registration of Manipur Hockey,

Hockey Manipur submitted an application for amalgamation of

Manipur Hockey Association and Manipur Women's Hockey

Association to one unified body called Hockey Manipur and also

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requesting for allowing the said amalgamation. After registration

of Manipur Hockey, the Secretary of Manipur Hockey submitted

the notification and certificate dated 12.11.2019 to the

Secretary/President, Manipur Olympic Association for

information and necessary action. The President of MOA issued

an order on 23.11.2009 revoking with immediate effect its earlier

order constituting an ad-hoc committee to look after the affairs of

hockey in Manipur. Though there is no provision for filing an

appeal, the President of erstwhile Manipur Women's Hockey

Association filed an appeal before the Commissioner/Secretary,

Registrar of Societies to set aside the registration granted in

favour of Manipur Hockey.

7.4. During the pendency of the appeal, the Registrar

allowed the registration of the amalgamated society called

Hockey Manipur by allotting registration No.419/M/SR/2010 and

by issuing a certificate dated 21.10.2010, thereby cancelling the

registration allotted to Manipur Hockey Association and Manipur

Women's Hockey Association with immediate effect.

Challenging the registration certificate issued in favour of

Manipur Hockey, Hockey Manipur filed W.P.(C) No.435 of 2010

and during the pendency of the said writ petition, the Secretary

General of Hockey India wrote a letter on 10.1.2011 to the

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Director of Youth Affairs and Sports, Government of Manipur

informing that Manipur Hockey is the only recognized body of

Hockey India in Manipur State, which is affiliated to Hockey India.

On 4.3.2016 the Secretary, MOA issued certificate to the effect

that Manipur Hockey is an affiliated unit of MOA.

7.5. Pursuant to the order dated 17.3.2016 passed in

W.P.(C) No.435 of 2010, the Principal Secretary (Cooperation)

passed an order on 2.8.2016 disposing of the appeal by giving

an opportunity to Manipur Hockey and Hockey Manipur to

reconcile the issue. Thereafter, the President of Manipur Hockey

wrote letters to the President, Hockey Manipur inviting them for

reconciliation and to unite the two hockey associations under the

common banner. Since no response was forthcoming from

Hockey Manipur, Manipur Hockey wrote a letter to the Secretary

General, MOA requesting for arranging an open discussion with

Hockey Manipur for merging of two hockey associations in the

larger interest of the game of hockey and the players.

7.6. It is averred that instead of making any effort for

reconciliation and merging, Hockey Association filed another

representation dated 12.4.2017 to the State government praying

for cancellation of the registration of Manipur Hockey on the

same grounds taken in their appeal dated 4.1.2010. Without

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giving an opportunity to Manipur Hockey, the Principal Secretary

(Cooperation) issued an order dated 22.5.2017 cancelling the

registration of Manipur Hockey with immediate effect and also

notifying that Hockey Manipur is recognized as the sole and

genuine State level association for hockey game in the State of

Manipur.

7.7. Aggrieved by the order dated 22.5.2017, Manipur

Hockey filed W.P.(C) No.391 of 2017 for quashing of the said

order. During pendency of the said writ petition, the Principal

Secretary issued an order dated 14.6.2017 withdrawing the order

dated 22.5.2017. Just after withdrawal order dated 14.6.2017,

Hockey Manipur again for the third time filed another

representation on 27.6.2017 to the Principal Secretary praying

for cancellation of the registration of Manipur Hockey. When the

Deputy Secretary issued summon dated 1.7.2017, challenging

the summon Manipur Hockey filed W.P.(C) No.562 of 2017 and

by the order dated 19.12.2017, the said writ petition was allowed.

After the disposal of the said writ petition, Manipur Hockey filed

an application dated 29.12.2017 to the concerned authorities of

the State requesting them for directing Hockey Manipur to

change its name by invoking Section 11 as its name is exactly

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similar to the name of already registered society of Manipur

Hockey.

7.8. According to Manipur Hockey, they are the only

body affiliated and recognized by the Hockey India and MOA for

the sports of hockey in the State of Manipur, which had

conducted many tournaments/coaching camps in different levels

in the State of Manipur. Instead of considering the application

dated 29.12.2017 after a delay of more than 8 years from the

date of the registration, the first respondent issued an order dated

22.1.2018 whereby Manipur Hockey was directed to change its

name within three months on the ground that at the time when

Manipur Hockey was registered on 12.11.2009, there were

already two associations existing which is alleged to be a clear

violation of Section 10 of the Act.

7.9. Aggrieved by the order dated 22.1.2018, Manipur

Hockey filed W.P.(C) No.124 of 2018 and the said writ petition

was dismissed on the ground of non-joinder of necessary party.

However, this Court has granted liberty to Manipur Hockey to

approach any forum, including this Court for redressal of its

grievance in accordance with law vide order dated 30.8.2019.

Thereafter, Manipur Hockey has filed W.P.(C) No.916 of 2019 to

set aside the order dated 22.1.2018.

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8. Mr. M. Hemchandra, the learned senior counsel for

Hockey Manipur submitted that upon amalgamation of Men's and

Women's Hockey Association, Hockey Manipur was registered

with the Registrar, Cooperative Societies, Manipur, while

Manipur Hockey has been registered as a new society under

Section 7(1) of the Manipur Societies Registration Act, 1989 [for

short, "the Act of 1989"]. According to learned senior counsel,

Hockey Manipur has been registered as an amalgamated society

under Section 12 of the Act of 1989.

9. The learned senior counsel further submitted that

without following the procedures as laid down under Rule 13 of

Manipur Societies Registration Rules, 2004 [for short, "the Rules

of 2004"], Manipur Hockey was registered by the authorities. In

fact, no publication calling for any sort of objection was made at

any point of time. At the time of registration of Manipur Hockey,

Manipur Hokey Association and Manipur Women's Hockey

Association were in existence and that their registration were

never cancelled at any point of time.

10. The learned senior counsel urged that in the wake

of formation of unified Men's and Women's Hockey Association

in various States of the country under the principle of one game

one body, Hockey Manipur was formed by amalgamation of two

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registered associations into one unified Hockey Association in

the meeting held on 28.6.2009. When the process for

amalgamation was underway, some interested persons

registered Manipur Hockey. He would submit that being

aggrieved by the registration of Manipur Hockey, Hockey

Manipur submitted a representation dated 4.1.2010 to the

authorities. Since the said representation has not been

considered, Hockey Manipur filed W.P.(C) No.435 of 2010 and

this Court by the order dated 17.3.2016 directed the

Commissioner (Cooperation) to dispose of the representation

within a period of two months.

11. The learned senior counsel next submitted that

pursuant to the order dated 17.3.2016, the Principal Secretary,

exercising the power conferred under Rule 38 of the Rules of

2004 has given an opportunity to Manipur Hockey and Hockey

Manipur to reconcile and come under a common banner within

six months in the best interest to the hockey game and players.

Accordingly, the Deputy Secretary issued summon on 1.7.2017

and challenging the summon dated 1.7.2017, Manipur Hockey

filed W.P.(C) No.562 of 2017 before this Court and by the order

dated 19.12.2017, the said writ petition was allowed. While

allowing the writ petition, this Court observed that it is open to the

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State Government to proceed in accordance with law as regards

to the registration of the society pertaining to hockey sports in

Manipur keeping in mind all circumstances.

12. The learned senior counsel for Hockey Manipur

argued that in view of series of orders of this Court and

notification by the respondent authorities and also letters of the

State Government, the Secretary (Cooperation) issued an order

dated 22.1.2018, thereby directing Manipur Hockey to change its

name and alter its memorandum within three months. Despite

direction, Manipur Hockey has not changed its name. Since

Manipur Hockey has failed to change its name as per the order

dated 22.1.2018, Hockey Manipur submitted a representation on

4.9.2019 praying to implement/execute the orders dated

22.1.2018 issued by the Secretary (Cooperation). Since the

official respondents failed to take action, Hockey Manipur filed

W.P.(C) No.724 of 2019.

13. Assailing the impugned order dated 22.1.2018, Mr.

HS Paonam, the learned senior counsel for Manipur Hockey

submitted that the first respondent, in an arbitrary and mala fide

manner and in colourable exercise of power with an ulterior and

preconceived motive to cancel the registration of Manipur

Hockey, has passed the aforesaid order, that too, after more than

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8 years, after Manipur Hockey Association and Manipur

Women's Hockey Association have ceased to exist with effect

form 29.6.2009 and order for amalgamation of the said two

societies was issued with effect from 21.1.2010. On the

aforesaid ground itself, the impugned order dated 22.1.2018

deserves to be quashed.

14. The learned senior counsel further submitted that

the registration of Hockey Manipur was allowed only on

21.1.2010 much later than the registration of Manipur Hockey,

which was allowed on 12.11.2009. In view of such undisputed

facts, the invocation of the provisions of Section 11 of the Act of

1989 and Rule 14(9) of the Rules of 2004 by the first respondent

against Manipur Hockey is totally ignoring the application dated

29.12.2017 submitted by Manipur Hockey. He would submit that

the impugned order dated 22.1.2018 has been passed illegally

and without any authority of law.

15. The learned senior counsel then submitted that the

order dated 22.1.2018 has been issued with a mala fide intention

to scuttle the promotion, propagation and development of the

sport of hockey in the State of Manipur in which Manipur Hockey

has been and is deeply engrossed with as will be shown by the

facts that because of its credentials it is the only recognized body

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for the sport of hockey in the State of Manipur by Hockey India

which is the apex body for the sport of hockey in the country and

has been conducting championship in the State of Manipur. In

fact, the first respondent issued the impugned order dated

22.1.2018 at the instance and dictation of Hockey Manipur.

16. The learned senior counsel for Manipur Hockey

urged that the first respondent or for that matter the second

respondent has not taken any action against Hockey Manipur for

changing the name of its association or for cancellation of their

registration knowing fully well that the same is a defunct society

existing only in paper and not engaging in any activity or activities

worth its name commensurate with its aim and object for which it

was set up and registered and renewing its registration in

connivance amongst the respondents on the basis of false and

concocted documents. The respondents 1 and 2 are estopped

by their conduct from issuing the impugned order and, therefore,

interference of this Court is very much required.

17. Mr. Athouba Khaidem, the learned Government

Advocate appearing for the official respondents in both the writ

petitions submitted that Hockey Manipur was registered under

the Act of 1989 dated 21.1.2010 and it was formed by

amalgamation of two previously registered societies. He would

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submit that Manipur Hockey was registered under the Act of 1989

on 12.11.2009 calling for objections through local newspaper

published on 23.10.2009 and based on the enquiry report

submitted by the enquiry officer.

18. The learned Government Advocate further

submitted that in compliance of the order of this Court dated

17.3.2016 passed in W.P.(C) No.435 of 2010, the Principal

Secretary issued an order dated 2.8.2016 giving an opportunity

to Manipur Hockey and Hockey Manipur to reconcile the issue

and come under a common banner within six months. However,

the reconciliation could not be made and after due consideration

of the issue under Section 11 of the Act of 1989 and Rule 11 of

the Rules of 2004, the Secretary (Cooperation) has passed the

impugned order dated 22.1.2018.

19. According to learned Government Advocate

Hockey Manipur is the legal entity, as it is the amalgamated unit

from both men and women hockey associations as per conditions

of IOA though the registration number was accorded for these

amalgamated body in January, 2010 having followed all the

existing rules and procedures whereas Manipur Hockey has

violated the norms of registration and it is illegal.

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20. This Court considered the rival submissions and

also perused the materials available on record.

21. While Hockey Manipur filed W.P.(C) No.724 of 2019

seeking direction on the official respondents to

implement/execute the order dated 22.1.2018 issued by the

Secretary (Cooperation), Government of Manipur and the

subsequent letter dated 14.1.2019 issued by the Registrar of

Societies, Manipur Hockey filed W.P.(C) No.916 of 2019 to

quash the very same order dated 22.1.2018.

22. According to Manipur Hockey, it has been formed

on 6.10.2009 pursuant to the resolution of the meeting and the

advice of IOA to the MOA to follow the policy of one game one

association not only for uplifting the game of hockey in the State

of Manipur, but also for the sake and interest of players who are

being deprived of their fruit of labour on account of the

mismanagement by the members administering the sport in the

State of Manipur. Manipur Hockey was registered on 12.11.2009

under Section 7(1) of the Act of 1989.

23. According to Hockey Manipur, Manipur Hockey

Association and Manipur Women's Hockey Association were

amalgamated on 21.1.2010 and gave birth to Hockey Manipur,

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which has been registered under Section 12 of the Act of 1989

under the principle of one game one body on 21.1.2010.

24. To analyze the rival submissions of the parties, it

would be appropriate to refer to the earlier litigation filed by the

parties and the consequential proceedings issued by the official

respondents.

25. Before amalgamation of Manipur Hockey

Association and Manipur Women's Hockey Association as

Hockey Manipur, the President of Manipur Women's Hockey

Association has filed an appeal before the

Commissioner/Registrar of Societies challenging the registration

of Manipur Hockey dated 12.11.2009. During the pendency of

the said appeal, the Registrar of Societies allowed the

registration of the amalgamated society called Hockey Manipur

by allotting registration No.419/M/SR/2010 and had also issued

an order on 21.1.2010 cancelling the registration number allotted

to the erstwhile Manipur Hockey Association and Manipur

Women's Hockey Association.

26. Assailing the registration certificate granted to

Manipur Hockey, Hockey Manipur filed W.P.(C) No.435 of 2010.

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By the order dated 17.3.2016, this Court disposed of the said writ

petition with the following lines:

"Heard Mr. M. Hemchandra, learned counsel for the petitioner as well as Mr.A.Mohendro, learned counsel for the respondent.

When the matter was taken up for hearing, it has been submitted by Mr.M.Hemchandra, learned counsel for the petitioner that he will be satisfied for the time being if a direction is issued to the respondents to consider the representation dated 4th January, 2010 submitted by the petitioner for redressal of grievances of the petitioner.

In view of the above submission made, this Court without making any observation as regards the merit of the case of the respective parties, directs the respondent No.1 to dispose of the representation dated 04.01.2010 submitted by the petitioner by issuing a speaking order in accordance with law, as early as possible, preferably within a period of two months from the date of receipt of a certified copy of this order.

The writ petition stands disposed of accordingly."

27. It appears that during the pendency of W.P.(C)

No.435 of 2010, the Secretary General of Hockey India

addressed a letter to the Director of Youth and Affairs and Sports,

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Government of Manipur informing that Manipur Hockey is the

only recognized body of Hockey India in Manipur State.

28. Pursuant to the order of this Court in W.P.(C)

No.435 of 2010, the Principal Secretary (Cooperation),

Government of Manipur, after hearing the Manipur Hockey and

Hockey Manipur, passed an order dated 2.8.2016 disposing of

the appeal dated 4.1.2010. The operative portion of the order

reads thus:

"Whereas, an indepth examination was made of the detailed submissions of both the parties highlighting their own substantive points/assertions. On careful consideration particularly taking into all aspects the interest of Hockey game in Manipur, whereby both the Societies have committed and good Hockey players in both the Societies, I arrived at the view that in the best interest of the Hockey Game and players of State, the matter deserves a reconciliation opportunity.

Now, therefore, I Shri K. Moses Chalai, Principal Secretary (Cooperation), Government of Manipur in exercise of the powers conferred upon me under rule No.38 of the MSR Rules, 2004 do hereby give an opportunity to "Manipur Hockey"

and "Hockey Manipur" to reconcile and come

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under a common banner within 6 (sox) months in the best interest of the Hockey Game and Players.

The representation/Co-operative appeal dated 04/01/2010 filed by the petitioner stands disposed of accordingly."

29. Pursuant to the direction of the Principal Secretary,

Manipur Hockey wrote several letters to Hockey Manipur calling

upon them for reconciliation and to unite the two hockey

associations under a common banner. On 12.4.2017, Hockey

Manipur filed another representation to the State Government

praying for cancellation of the registration of Manipur Hockey. By

the order dated 22.5.2017, the Principal Secretary (Cooperation)

passed an order cancelling the registration of Manipur Hockey

with immediate effect and notified Hockey Manipur is genuine

State Level Association for the game of Hockey in the State of

Manipur.

30. Aggrieved by the order dated 22.5.2017, Manipur

Hockey filed W.P.(C) No.391 of 2017 before this Court and

during pendency of the said writ petition, the Principal Secretary

has withdrawn the said order dated 22.5.2017 cancelling the

registration of Manipur Hockey. After issuance of the withdrawal

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order dated 14.6.2017, Hockey Manipur submitted another

representation dated 27.6.2017 to the Principal Secretary

(Cooperation) praying for cancellation of the registration of

Manipur Hockey.

31. Based on the said representation, the Deputy

Secretary (Cooperation) issued summons on 1.7.2017 to

Manipur Hockey and Hockey Manipur for appearance on

10.7.2017. Aggrieved by the issuance of summon dated

1.7.2017, Manipur Hockey filed W.P.(C) No.562 of 2017. By the

interim order dated 31.7.2017, this Court directed the Secretary,

MOA to explore possibility of having a common society relating

to hockey and to submit a report including suggestion, if any.

Pursuant to the interim order, the Secretary, MOA submitted a

report dated 12.8.2017 stating that Manipur Hockey is an

affiliated unit of MOA and also making suggestion to the Court to

advise the national sports federation for bringing an amicable

solution.

32. By the final order dated 19.12.2017, W.P.(C)

No.562 of 2017 came to be allowed and the summon dated

1.7.2017 was quashed. However, the Court observed that it is

open to the State Government to proceed in accordance with law

as regards the registration of a society pertaining to Hockey

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sports in Manipur. The order dated 19.12.2017 is extracted

hereunder:

"Heard Shri M. Devananda, learned counsel appearing for the petitioner, Shri N. Kumarjeet, learned A.G. appearing for the State respondents and Shri M. Hemchandra, learned Sr. counsel appearing for the private respondent.

By the instant writ petition, the petitioners' Association has prayed for issuing an appropriate writ, order or direction to quash and set aside the summon dated 1.7.2017 issued by the Deputy Secretary (C-operation), Government of Manipur mainly on the ground that the said summon has been issued on the basis of the representation dated 27.6.2017 addressed to the Principal Secretary (Co- operation Govt. Manipur) by the Secretary, Hockey Manipur praying for cancellation of the registration of the petitioner society.

The registration of Societies in Manipur is regulated by the provisions of Manipur Society Registration Act, 1989. Section 7 provides for registration of society. Section 10 provides that no society shall be registered under a name which is identical with or too nearly resembles, the name of other society or anybody which has been previously registered or incorporated

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under this act or any other law for the time being in force, as the case may be or is deemed to have been registered under this act. Section 11 provides for change of the name of a society in respect of certain circumstances as detailed in the act itself. Rule 14 of the Manipur Society Rule 2014 and in particular, sub-rule 9 reads:-

"In case the society refuses to change the name to alter the memorandum within the specified time in the order of the State Government, the registration of the society shall automatically stand cancelled from the next date of the time specified in the order of the State Government. The cancellation shall be published in the Official Gazette by way of notification in form 'J'. Copies of the notification shall be given to all concerned including the society. The Registrar of societies shall make a report to the State Government in this regard."

On perusal of the provisions of this act, it appears that there is no any provision under the Act for cancellation of the registration of a society except under the proceeding initiated under Section 11 read with Rule 14(9), that is, in regard to the change of name. Rule 14(9) provides that in case any society refused to change the name despite instruction being

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given by the State Government, the registration stands automatically cancelled.

On perusal of the said representation dated 27.6.2017, it appears that it has been submitted purportedly under the provisions of Section 11 of the act which has nothing to do with the cancellation but to change the name of a society. Moreover, the summon dated 1.7.2017 appears to have been issued on the basis of the said representation and therefore, the same is not sustainable in law.

In view of the above, the instant writ petition is allowed and consequently, the said summon dated 1.7.2017 is quashed and set aside. However, it is open to the State Government to proceed in accordance with law as regards the registration of a society pertaining to Hockey sports in Manipur, keeping in mind all circumstances and in particular, the fact that the petitioner society is an affiliated unit of MOA as per its report dated 12.8.2017."

33. Admittedly, as against the order dated 19.12.2017,

no appeal has been preferred by the parties, particularly, Manipur

Hockey. In the aforesaid order, it has been clearly stated that

Section 11 of the Act of 1989 has nothing to do with the

cancellation, but only permits to change the name of a society

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and the State Government has been given liberty to proceed in

accordance with law as regards the registration of a society

pertaining to Hockey sports in Manipur.

34. Accordingly, the State Government proceeded with

the matter and upon enquiry and a detailed analysis of the

matter, the Secretary (Cooperation) has passed the impugned

order dated 22.1.2018 holding that when two societies namely

Manipur Women's Hockey Association and Manipur Hockey

Association are already in existence, which are registered

societies, registration of similar society under the name and style

of Manipur Hockey on 12.11.2009 is in clear violation of Section

10 of the Act of 1989 and, accordingly, directed Manipur Hockey

to change its name. The operative portion of order dated

22.1.2018 reads thus:

"6. Now, therefore, after due consideration of the aforesaid facts, I, Shri M. Joy Singh, IAS, Secretary (Cooperation), Government of Manipur, in exercise of the powers conferred upon me under Section 11 of MSR Act, 1989 and Rule No.14 sub-rule 9 of MSR Rules, 2004 do hereby direct "Manipur Hockey" to change its name and alter its memorandum within 3 (three) months from the date of receipt of this orders."

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35. Challenging the order dated 22.1.2018, Manipur

Hockey filed W.P.(C) No.124 of 2018. While entertaining the writ

petition, on 27.11.2018, this Court observed that while

considering the matter to find out an amicable solution, it is open

to the Registrar, Societies to invite Hockey Manipur so that the

issue can be resolved for once and all. After considering the

views and suggestions of all the parties, the Registrar was

directed to submit a report to this Court on or before 16.1.2019

and, accordingly, adjourned the writ petition. Pursuant to the

interim order, the Registrar examined the matter and by the letter

dated 14.1.2019 declared that Manipur Hockey has violated the

norms of registration and therefore, it is illegal.

36. By the order dated 30.8.2019, W.P.(C) No.124 of

2018 came to be dismissed on the ground of non-joinder of

necessary party. However, while dismissing the writ petition, this

Court granted liberty to Manipur Hockey to approach any

appropriate forum, including this Court, for redressal of its

grievances in accordance with law. The operative portion of the

order reads thus:

"9. For the reasons stated hereinabove, this Court is of the view that the instant writ petition has no substance for the reason of non-joinder of

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a necessary party and is accordingly dismissed as not maintainable. It is, however, open to the petitioners' association to approach any appropriate forum including this Court, for redressal of its grievances in accordance with law."

37. Pursuant to the direction aforesaid, W.P.(C) No.916

of 2019 has been filed by Manipur Hockey to set aside the very

same order dated 22.1.2018 and Hockey Manipur filed W.P.(C)

No.724 of 2019 to implement the order dated 22.1.2018.

38. In the background aforesaid, this Court proceeded

to deal with the issue as to whether the impugned order of the

Secretary (Cooperation) dated 22.1.2018 warrants interference.

39. According to Manipur Hockey, during the course of

meeting held on 29.6.2009, the then Secretary, Manipur Hockey

Association informed that an association of hockey for men and

women had been formed, to which the Secretary, Manipur

Women's Hockey Association did not agree raising an objection

and, therefore, an ad-hoc Committee was constituted.

Thereafter, a Circular dated 1.10.2009 was issued to all the

clubs/organizations for a meeting to be held on 6.10.2009, in

which the members present resolved to form an association

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called Manipur Hockey which was subsequently registered as an

Association under the provisions of the Act of 1989. In the

meantime, another association by name called Hockey Manipur

was registered under the provisions of the Act of 1989 by

amalgamating the earlier two hockey associations. That is the

reason the controversy between these two associations namely

Hockey Manipur and Manipur Hockey arose. The issue is which

one of the said associations shall continue to be recognized and

shall be allowed to represent the State in respect of hockey

game.

40. Though Manipur Hockey was formed and

registered on 12.11.2009, Hockey Manipur got registered

subsequent to it on 21.01.2010. Manipur Hockey themselves

admitted that Hockey Manipur was formed by amalgamation of

two oldest registered societies namely Manipur Hockey

Association and Manipur Women's Hockey Association. In their

writ petition [W.P.(C) No.916 of 2019], it has been stated as

under:

"3. That a special joint executive committee meeting of the Manipur Hockey Association and Manipur Women's Hockey Association was held on 28.06.2009 and in the said special joint meeting it was resolved, inter alia, that Manipur

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Hockey Association and Manipur Women's Hockey Association be amalgamated into one unified body called "Hockey Manipur". In pursuance of the said resolution an order dated 29.06.2009 was issued by the Secretary General of the Hockey Manipur to the effect that the two associations, i.e. Manipur Hockey Association and Manipur Women's Hockey Association is amalgamated and formed an unified body called Hockey Manipur with the 21 executive council members as mentioned in the said order."

41. There is no dispute that Manipur Hockey

Association and Manipur Women's Hockey Association were

registered in the year 1976. Though the formation of Manipur

Hockey has been recognized by Manipur Olympic Association as

well as Hockey India, the registration of Manipur Hockey was

done when the registration of Manipur Hockey Association and

Manipur Women's Hockey Association was in force. The

aforesaid is evident from the certificate dated 21.1.2010 issued

by the Registrar of Societies. In the certificate dated 21.1.2010,

it has been stated as under:

"It is hereby certified that pursuant to Section 12 of the Manipur Societies Registration Act, 1989 the Societies hitherto called Manipur Women's Hockey Association Regd. No.1994 of 1976

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dated the 23rd October, 1976 and Manipur Hockey Association Regd. No.2002 of 1976 dated the 26th October, 1976 have been amalgamated into one society in the name of Hockey Manipur, Khuman Lampak, Imphal East with reference to the proceedings of the Joint General Body meeting of the two associations held on the 18th October, 2009. Registration No.419/M/SR/2010 dated the 21st January, 2010 has been allotted to the society."

42. Though the registration of Hockey Manipur was

given on 21.1.2010, the process for amalgamation was started

during June, 2009. The very fact was also evident from the status

report submitted by the Registrar of Societies dated 14.1.2019

pursuant to the interim order dated 27.11.2018 passed by this

Court in W.P.(C) No.124 of 2018. For proper appreciation, the

status report dated 14.1.2019 is extracted hereunder:

"In compliance to the order of the Hon'ble High Court of Manipur dated 27/11/2018 passed in W.P.(C) No.124 of 2018 (Manipur Hockey -vs- State of Manipur & Anr.) A meeting has been conducted on 17th December, 2018 and both the parties came for the meeting (9 members from Hockey Manipur and 2 members from Manipur Hockey).

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The two representatives fro Manipur Hockey said that they will not be in a position to take any responsibilities decisions and that the Meeting be postponed. However, as the representatives from Hockey Manipur had come in full strength and also prior information about the Meeting had been served to both (meeting notice vide letter no. Q- Coop/Case/W.P.(C) No.124 of 2018 dated 10th December, 2018); Manipur Hockey coming only at the time of the Meeting seeking postponement is not acceptable to this office as it is a deliberate attempt to foil the meeting.

Hence, it may be stated that re-conciliation looks non-feasible at this juncture and hence the following facts are stated as below for arriving at final solution.

The Manipur Hockey While the process being done for Association & The Manipur registration of one body Manipur Women's Hockey Association Hockey was given registration by formed in the year 1976 the RCS on 12th November, 2009.

As per instructions from Indian Became an entirely new body with Olympic Association (IOA) The no representatives from the Manipur Hockey Association previously existing bodies got amalgamated. Hence, with (Associations) this the separate registration No. of Men and Women done away with

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Instructions from IOA was given There is no amalgamation as such to form "One Game on body" on June 1, 2009 and as per the instructions both The Manipur Hockey Association & The Manipur Women's Hockey Association came to a conclusion for the formation of Hockey Manipur.

Amalgamated already in 2009 Only 5 days were given after the on 28th June while the advertisement for registration of registration number was given Manipur Hockey before the on 21st January, 2010 after registration was done in violation following all the process of of Rules 13 of the MSR Act, 2004. registration

Further their notification was objected by the Secretary Hockey Manipur on two occasions on 13th October, 2009 and on 6th November, 2009 well ahead of the Registration being issued on 12th November, 2009.

Accordingly, the Principal Secretary also de-registered Manipur Hockey. However, the same was withdrawn by the order of the Hon'ble High Court dated 31/07/2017.

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The Secretary, Cooperation had also directed Manipur Hockey change as name on 22nd January 2018 within 3 months. But this order is stayed by the Hon'ble High Court of Manipur's order dated 16.2.2018.

Further there is no record of No Objection certificate (NOC) from Youth Affairs & Sports (YAS) being the parent Department, NOC is usually sought form only one letter from the then Director (YA) address to the Addl.

Registrar Societies seeking classification as to the objection being invited or not. The letter is dated 10th Dec, 2009 way after registration was done.

At this juncture as directed by the Hon'ble Court to consider both the facts and present is before the Court the following is stated:

"Hockey Manipur is the Legal entity as it is the amalgamated unit from both Men and Women as per conditions of IOA though registration number was accorded for these amalgamated body in Jan 2010 having followed all the existing rules and procedures."

However, Manipur Hockey has violated the norms of registration (Section 5, Section 10 and Rule 13

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of the Manipur Societies Registration Act, 1989) and hence, it is illegal."

43. As could be seen from the materials produced by

the parties, in terms of letter dated 01.6.2009 of the Indian

Olympic Association, the Manipur Olympic Association vide its

letter dated 27.6.2009 invited the President, Manipur Hockey

Association and Manipur Women Hockey Association for a joint

meeting for the formation of a single association. Both the

associations agreed for merger and after completion of all

formalities, they stood amalgamated into a single society. While

following the lengthy process and taking advantage of the

situation with the connivance of the President, Manipur Olympic

Association, an ad-hoc committee was constituted, which got

Manipur Hockey registered as a society, which was recognized

even before its registration. As stated supra, pending

amalgamation of the aforesaid two associations, Manipur

Hockey got registered, which is not the idea of the Indian Olympic

Association. In fact, the Manipur Olympic Association informed

the two associations for formation of a single association and the

ad-hoc committee has no right to form Manipur Hockey and got

registered. Since Manipur Hockey Association and Manipur

Women's Hockey Association are very old registered

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associations and decided to amalgamated as Hockey Manipur

and the process started for it during June, 2009 itself, the

formation of Manipur Hockey is nothing but an association

formed by violating the procedure laid down under the Act of

1989 and the Rules of 2004 and obtained registration certificate.

44. In fact, Manipur Hockey registered under Section

7(1) of the Act, whereas Hockey Manipur is an amalgamated

society registered under Section 12 of the Act. For ready

reference, Sections 7 and 12 of the Act are quoted hereunder:

"7. Registration :-

(1) The Registrar upon being satisfied that the memorandum and the regulations accompanying it comply with the requirements of this Act and the rules and upon payment of the fee referred to in sub-section (2) shall certify under this hand and seal that the society is registered under this Act.

(2) There shall be paid to the Registrar, for the registration of a society under this Act, a fee of one hundred rupees, or such smaller fee as the State Government may from time to time direct.

(3) An appeal shall lie to the State Government against an order of the Registrar refusing to certify the registration of an association as a

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society under this Act and the decision on such appeal shall be final.

12. Societies to have power to amalgamate with another society :-

(1) Whenever two or more societies desire to amalgamate, the governing body of each such society shall submit a joint proposal in writing to the Registrar for his prior approval thereto.

(2) No such proposal shall have effect unless the proposal, with the modification, if any, suggested by the Registrar is confirmed by three-fifths of the joint members of the societies concerned.

(3) An appeal shall lie to the State Government against any order of the State Government on such appeal shall be final.

(4) On the proposal being confirmed -

(a) the amalgamated society shall be registered under its new name;

(b)the registration of the amalgamating societies shall be cancelled; and

(c) the assets and the liabilities of the amalgamating societies shall be the assets and the liabilities of the amalgamated society."

Thus, it is clear that whenever two or more societies

desire to amalgamate, the governing body of each such society

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shall submit a joint proposal in writing to the Registrar for his prior

approval. In the case on hand, Hockey Manipur has fulfilled the

provisions of Section 12 of the Act of 1989 and accordingly got

registered.

45. Though after formation of Manipur Hockey and

Hockey Manipur both the Societies have produced good hockey

players, sanctity has to be given to the old associations which got

amalgamated on 21.1.2010 as Hockey Manipur. In fact, in the

impugned order dated 22.1.2018, the Secretary (Cooperation),

after analyzing the matter in a proper perspective with applicable

provisions of law, has passed the order. For better appreciation,

the impugned order dated 22.1.2018 is quoted herein below:

"No.8/7/2009-Coop: Whereas, Certificate of Registration of a Society Under the Manipur Societies Registration Act, 1989 (Manipur Act 1 of 1990) bearing No.402/M/SR/2009 dated 12th November, 2009 issued by Registrar of Societies, Manipur in respect of "Manipur Hockey" reads as under:

"It is hereby certified that MANIPUR HOCKEY having its registered address at Imphal has been registered under Section 7(1) of the Manipur Societies Registration Act, 1989 (Manipur Act 1 of 1990) bearing Registration No.402/M/SR/2009."

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2. Whereas, the Certificate of Registration of an Amalgamated Society under the Manipur Societies Registration Act, 1989 (Manipur Act 1 of 1990) bearing No.419/M/SR/2010 issued by Registrar of Societies, Manipur on 21.1.2010 in respect of "Hockey Manipur" reads as under:

"It is hereby certified that pursuant to Section 12 of the Manipur Societies Registration Act, 1989 the Societies hitherto called Manipur Women's Hockey Association Regd. No.1994 of 1976 dated the 23rd October, 1976 and Manipur Hockey Association Regd. No.2002 of 1976 dated the 26thOctober, 1976 have been amalgamated into one society in the name of Hockey Manipur, Khuman Lampak, Imphal East with reference to the proceedings of the Joint General Body meeting of the two associations held on the 18th October, 2009. Registration No.419/M/SR/2010 dated the 21st January, 2010 has been allotted to the society."

3. Whereas, Section 10 of the Manipur Societies Registration Act, 1989 lays down as under:

"10. Name of the society:- No society shall be registered under a name which is identical with or too nearly resembles, the name of any other society or anybody corporate which has been previously registered or incorporated under this Act or and other law for the time being in force, as

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the case may be, or is deemed to have been registered under this Act."

4. And whereas, Section 11 of the Manipur Societies Registration Act, 1989 lays down as under:

"11. State Government may direct change of name:- (1) If a society is registered under a name, or alters its name to another, name which in the opinion of the State Government is identical with or too nearly resembles the name of any other society or body corporate which have been previously registered or incorporated under this Act or any other law for the first time being in force or being deemed to have been registered under this Act, continues to exist, the State Government may by order made in this behalf direct such society to change its name and alter its memorandum within three months from the date of the order on such longer period as the State Government may think fit to allow."

5. And whereas, on perusal and examining the above two certificates minutely, it is fully convinced that when the following two Societies called under the name and style Manipur Women's Hockey Association Regd. No.1994 of 1976 dated the 23rd October, 1976 and Manipur Hockey Association Regd. No.2002 of 1976 dated the 26th October, 1976 are already existing Registered Societies,

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registration of a similar Society under the name and style of 'Manipur Hockey' on 12.11.2009 is a clear violation of Section 10 of the Manipur Societies Registration Act, 1989.

6. Now, therefore, after due consideration of the aforesaid facts, I, Shri M. Joy Singh, IAS, Secretary (Cooperation), Government of Manipur, in exercise of the powers conferred upon me under Section 11 of MSR Act, 1989 and Rule No.14 sub-rule 9 of MSR Rules, 2004 do hereby direct "Manipur Hockey" to change its name and alter its memorandum within 3 (three) months from the date of receipt of this orders."

46. The challenge to the impugned order dated

22.1.2018 has been made by Manipur Hockey mainly on the

ground that the first respondent with an ulterior, preconceived

and premeditated motive to cancel the registration of Manipur

Hockey has passed the said order. At this juncture, it is pertinent

to point out that if a person challenged the order on the ground

that with an ulterior and preconceived motive the authority has

passed the order, it is his bounden duty of the party who alleged

such allegation has to prove the same. But in the instant case,

Manipur Hockey has failed to show any material in support of

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their plea that the impugned order has been passed with an

ulterior motive.

47. As stated supra, when Manipur Women's Hockey

Association and Manipur Hockey Association were the existing

registered societies, the registration of similar society under the

name and style Manipur Hockey was done, that too after the

amalgamation process was initiated. As per Section 10 of the

Act, no society shall be registered under a name which is

identical with or too nearly resembles the other. In this regard,

Rule 13 of the Rules 2004 provides:

"13. Similar or nearly similar names and identification under section 10: When an application for registration is received, it shall be examined in the office of the Registrar of Societies whether societies of similar or nearly similar names have already been registered in the office. Other books of records, which may give a clue to this, shall also be checked up. The same process shall be done when a proposal or decision for change of name of society is in receipt.

Before registration and change of names publications shall be made by the society in the widely circulated local newspapers inviting objection to the registration under the name of

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change of the name. The objections shall be submitted within 15 days from the date of public to the Registrar of societies."

48. The learned senior counsel for Hockey Manipur

submitted that as per the report of the Registrar of Societies only

5 days were given after the advertisement for registration of

Manipur Hockey before the registration was done. Therefore, as

rightly argued by learned counsel for Hockey Manipur, the

registration of Manipur Hockey was done in violation of Rule 13

of the Rules of 2004.

49. The learned senior counsel, by placing reliance

upon the decision of the Hon'ble Supreme Court in the case of

Dhanajaya Reddy v. State of Karnataka, (2001) 4 SCC 9

submitted that where law requires a thing to be done in a certain

manner, it has to be done in that manner only and not otherwise.

50. In Dhanajaya Reddy (supra), the Hon'ble Supreme

Court held thus:

"23. It is settled principle of law that where a power is given to do a certain thing in a certain manner, the thing must be done in that way or not at all. This Court in State of U.P. v. Singhara Singh, AIR 1964 SC 358 held:

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"A Magistrate, therefore, cannot in the course of investigation record a confession except in the manner laid down in Section 164. The power to record the confession had obviously been given so that the confession might be proved by the record of it made in the manner laid down."

In the instant case, admittedly, before issuance of

registration in favour of Manipur Hockey, a clear 15 days period

was not given for submission of objections, if any as stipulated in

Rule 13 of the Rules of 2004.

51. It is also the submission of learned senior counsel

for Hockey Manipur that one should not be enriched by loss or

injury to another and person seeking equity must do equity and

no litigant can play hide and seek with the Courts or adopt pick

and choose method. In support, he has placed reliance upon the

decision of the Hon'ble Supreme Court in the case of Kishore

Samrite v. State of UP and others, (2013) 2 SCC 398.

52. In Kishore Samrite (supra), the Hon'ble Supreme

Court held:

"37. The person seeking equity must do equity. It is not just the clean hands, but also clean mind, clean heart and clean objective that are the equi-

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fundamentals of judicious litigation. The legal maxim jure naturae aequum est neminem cum alterius detrimento et injuria fieri locupletiorem, which means that it is a law of nature that one should not be enriched by the loss or injury to another, is the percept for courts. Wide jurisdiction of the court should not become a source of abuse of process of law by the disgruntled litigant. Careful exercise is also necessary to ensure that the litigation is genuine, not motivated by extraneous considerations and imposes an obligation upon the litigant to disclose the true facts and approach the court with clean hands.

38. No litigant can play "hide and seek" with the courts or adopt "pick and choose". True facts ought to be disclosed as the court knows law, but not facts. One, who does not come with candid facts and clean breast cannot hold a writ of the court with soiled hands. Suppression or concealment of material facts is impermissible to a litigant or even as a technique of advocacy. In such cases, the court is duty-bound to discharge rule nisi and such applicant is required to be dealt with for contempt of court for abusing the process of court. (K.D. Sharma v. SAIL [(2008) 12 SCC 481])."

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53. It is apposite to mention that when Manipur Hockey

got registered, the aforesaid two old registered societies were

functional and admittedly their registrations were not cancelled.

While the aforesaid is the fact, the authority concerned ought not

to have registered Manipur Hockey and issued certificate in

favour of them on 12.11.2009. In fact, Manipur Hockey by

concealing the real facts had obtained the registration in favour

of them.

54. At this juncture, learned counsel for Manipur

Hockey submitted that Manipur Hockey is the only body affiliated

and recognized by the Hockey India and MOA for the sports of

hockey in the State of Manipur. According to learned senior

counsel for Manipur Hockey, Manipur Hockey is the body which

has conducted tournaments at different levels in the State of

Manipur and on the other hand, Hockey Manipur has not

undertaken not a single activity worth its name and in other

words, it exists only in paper.

55. Countering the said submission, the learned senior

counsel for Hockey Manipur submitted that many members of

Hockey Manipur have been participating in various national and

international level hockey matches. Nothing has been produced

W.P.(C) No. 724 of 2019 with WP(C) No. 916 of 2019 P a g e | 50

by Manipur Hockey to show that Hockey Manipur is existing in

paper only and no activities are undertaken by them.

56. It is true that Manipur Hockey has conducted many

tournaments at different levels in the State and equally, Hockey

Manipur has also participated in various national and

international level hockey matches. That is not the issue to be

decided in the present petitions. Therefore, this Court has not

delved into the issue qua conducting of tournaments and

participation of Hockey Manipur and Manipur Hockey at different

levels in the State. Once an identical name exists, whether a

society/association can be registered under the identical or too

nearly resembles is the point to be considered in this case. In

this regard, as stated supra, Section 10 of the Act clearly

prohibits registration of such society which is identical with or too

nearly resembles. It is the admitted case of Manipur Hockey that

at the time of its registration, Manipur Hockey Association and

Manipur Workmen's Hockey Association were in existence.

57. It is clear from the material produced, at the time of

formation of Manipur Hockey under Section 7(1) of the Manipur

Societies Registration Act, 1989, the two societies, namely

Manipur Hockey Association and Manipur Workmen's Hockey

Association were in existence and, thus, there is gross violation

W.P.(C) No. 724 of 2019 with WP(C) No. 916 of 2019 P a g e | 51

of Section 10 of the Act of 1989 in the registration of Manipur

Hockey. Finding that Section 11 of the Act provides change of

name, the Secretary (Cooperation) has rightly directed the

Manipur Hockey to change its name. At this juncture, it is

pertinent to mention that Hockey Manipur has been formed by

way of amalgamation of the erstwhile Manipur Hockey

Association and Manipur Women's Hockey Association under

Section 12 of the Act and their amalgamation process started

way back in January 2010 i.e. before registration of Manipur

Hockey.

58. Due to the existence of Hockey Manipur and

Manipur Hockey in the State of Manipur, really it not only causing

confusion, and in effect the game of hockey in the State is at

stake. Since the Hockey Manipur is an amalgamated of the

previous two societies which were registered in the year 1976, it

would be appropriate to continue Hockey Manipur in its name for

betterment of hockey game in the State of Manipur. Since the

registration of Manipur Hockey is in violation of Section 10 of the

Act of 1989, the Secretary (Cooperation) has rightly directed

Manipur Hockey to change its name and alter its memorandum

within three months. The aforesaid view and conclusion arrived

at by the Secretary (Cooperation) is in the interest of both Hockey

W.P.(C) No. 724 of 2019 with WP(C) No. 916 of 2019 P a g e | 52

Manipur and Manipur Hockey. This Court is of the view that such

a conclusion arrived at by the Secretary (Coordination) is based

on in depth examination and consideration of the substantive

points put forth by both the parties and also taking into

consideration that both Hockey Manipur and Manipur Hockey

have committed and produced many of the players.

59. In view of the categorical finding arrived at by the

Secretary (Cooperation) and the issuance of the impugned order,

this Court finds that there is no infirmity in the impugned order

dated 22.1.2018. That apart, the ground taken to challenge the

impugned order by Manipur Hockey is not sustainable in the eye

of law. Therefore, the impugned order dated 22.01.2018 needs

to be implemented. As directed by the Secretary in the impugned

order dated 22.1.2018, if implementation is done, really no

prejudice would be caused to Manipur Hockey. On the other

hand, if it is not changed, the concept of amalgamation of two

oldest societies as Hockey Manipur is meaningless.

60. For the foregoing discussions, this Court is of the

view that the impugned order dated 22.1.2018 has been issued

by the Secretary (Cooperation) pursuant to series of orders

passed by this Court and the letter correspondence of the

W.P.(C) No. 724 of 2019 with WP(C) No. 916 of 2019 P a g e | 53

respondent authorities. Therefore, there is no ground to interfere

with the impugned order dated 22.1.2018.

61. In the result,

(i) W.P.(C) No.916 of 2019 is dismissed.

                (ii)    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.

(iii) Since W.P.(C) No.916 of 2019 is dismissed,

the interim order dated 13.11.2019 passed in

W.P.(C) No.916 of 2019 and its subsequent

extension shall stand vacated.

                (iv)    No costs.




                                                             JUDGE

   FR/NFR

Sushil

W.P.(C) No. 724 of 2019 with WP(C) No. 916 of 2019