Orissa High Court
Hockey Odisha vs Union Of India on 9 September, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.18609 of 2021
(Through Hybrid mode)
Hockey Odisha .... Petitioner
Mr. Dayananda Mohapatra, Advocate
versus-
Union of India .... Opposite Parties
Mr. P. K. Parhi, Asst. Solicitor General
Mr.B. K. Parhi, Advocate
Mr. S.P. Mishra, Senior Advocate
Mr. A. K. Parija, Senior Advocate
(Hockey India)
Mr. P. K. Rath, Advocate
(Intervener-Hockey Association of Odisha)
Mr. Hemanta Raj Porphel, Advocate
(Indian Olympic Association)
CORAM: JUSTICE ARINDAM SINHA
ORDER
Order No. 09.09.2022
07. 1. Mr. Mohapatra, learned advocate appears on behalf of
petitioner. He submits, by impugned letter dated 7 th June,
2021 his client was said it could not exist as a member of
Hockey India. An ad-hoc committee was put in place and now
there is Hockey Association of Odisha seeking to represent
interest of hockey in the State.
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2. He submits, none of the particulars given under clauses
(a) to (g) in the letter constitute a ground for disaffiliation
under clause 2.4 in the rules and regulations of Hockey India.
In any event, assuming though not admitting the allegations
are correct, they are irregularities and can be regularized.
3. He draws attention to following in impugned letter,
reproduced below.
"Hockey India has reviewed the facts as per the
details submitted by Hockey Odisha where it
appears that Hockey Odisha has been submitting
fraudulent reports/details in the report
mentioned at Sr. No.1 & 3 above which was
submitted on 06 September 2020 and 12 March
2021 respectively. Further it would appear that
in 2020 and prior, Hockey Odisha was not
maintaining minimum of 50 percent district
affiliation and as such could not exist as a
Member of Hockey India"
He submits, 50% district affiliation is a criteria for obtaining
membership. His client was an existing member on date of
formation of Hockey India. Ground asserted for saying his
client could not exist as a member is that it would appear in
year 2020 and prior, his client was not maintaining minimum
50% district affiliation. This is not a ground for disaffiliation
under clause 2.4. On query from Court he submits, the writ
petition was filed immediately upon issuance of impugned
letter, on 24th June, 2021. Interim order dated 25th June, 2021
was passed by coordinate Bench directing that suffering if any
of petitioner, pursuant to implementation of annexure-1, shall
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remain subject to result of the writ petition. As such,
subsequent events and thereupon implementing impugned
letter by affiliation granted to Hockey Association of Odisha
as the unit representing this State are subject to result in the
writ petition.
4. Mr. Mishra and Mr. Parija, both learned senior
advocates appear for Hockey India. Mr. Parija draws attention
to Memorandum of Rules and Regulations of Hockey India, in
particular rules, 2.4.3, 5.1.4, 5.1.5, 5.9.1 and 5.9.5. He
submits, impugned letter was duly issued with authority of,
inter alia, those rules. By intervention of the Delhi High
Court, there were directions made and pursuant thereto,
election of Hockey India was notified on 5th September, 2022.
Prior to that, Memorandum and Rules and Regulations of
Hockey India was amended up to 30th August 2022.
Annexure-1 to the amended rules include at serial no.27,
Hockey Association of Odisha, showing its membership from
18th October, 2021. As such, the notice dated 5th September,
2022 regarding, inter alia, preparation of Electoral College
involves Hockey Association of Odisha. Mr. Rath, learned
advocate appears on behalf of Hockey Association of Odisha.
5. Mr. Porphel, learned advocate appears on behalf of
Indian Olympic Association (IOA) and submits, by judgment
dated 16th August, 2022 of a Division Bench of Delhi High
Court in W.P.(C) no.195 of 2010 (Rahul Mehra v. Union of
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India) rule 31.2 in the constitution of IOA was struck down.
This rule was relied upon by Hockey India to assert grant of
affiliation to Hockey Association Odisha. It could not have
been done.
6. Mr. Parhi, learned advocate, Assistant Solicitor General
of India submits, his client is not required to answer
specifically on the controversy.
7. Mr. Rath, learned advocate appears on behalf of
Intervener (Hockey Association of Odisha) and adopts
submissions made by Mr. Parija.
8. By consent, list on 14th September, 2022, for hearing
and disposal.
(Arindam Sinha)
Judge
RKS
