Ummed Singh vs Rajasthan Wrestling Association ...
2023 Latest Caselaw 828 Raj/2

[2023/RJJP/000566]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                D.B. Special Appeal Writ No. 967/2021
1.       Ummed Singh, Residing At Pushkar Vyayamshala, Bagad,
         District Jhunjhunu.
2.       Nanu Singh, Residing At Village Patwari Ka Bas, Tehsil
         Srimadhopur, District Sikar.
3.       Nasib Singh, Residing At Rajni Vihar, Ajmer Road, Jaipur.
                                                                   ----Appellants
                                    Versus
1.       Rajasthan Wrestling Association, Through Its President
         I.k. Dutta Son Of Late Shri K.l. Dutta, Aged About 75
         Years, Having Its Office At Plot No. 3, Janakpuri-Ii
         Extension, Imli Phatak, Jaipur.
2.       Wrestling Federation Of India, Through Its Secretary
         General 21, Ashok Marg, New Delhi.
3.       Brijbhushan    Sharan     Singh,   President,   Wrestling
         Federation Of India, 21, Ashok Marg, New Delhi.
4.       V.n. Prasood Son Of Shri Narayan Nair, Secretary General,
         Wrestling Federation Of India, 21, Ashoka Marg, New
         Delhi.
5.       Shri Chandra Pratap Singh, Singh Ghar House, Thetri
         House, Opposite Saroj Cinema, Chandpole Bazar, Jaipur
         (Ex-President, Rajasthan Wrestling Association).
6.       Registrar Cooperative Society, Nehru Sahkar Bhawan, 22,
         Godam Circle, Jaipur.
7.       Rajasthan State Sports Council, Through Its Secretary,
         Sms Stadium, Jaipur.
                                                                 ----Respondents

For Appellant(s)          :     Mr. Sanjay Rahar
For Respondent(s)         :     Mr. Peush Nag
                                Mr. Abhinav Surollia on behalf of
                                Mr. Ashish Surollia

HON'BLE THE CHIEF JUSTICE MR. PANKAJ MITHAL HON'BLE MRS. JUSTICE SHUBHA MEHTA Judgment

25/01/2023

1. Heard Mr. Sanjay Rahar, learned counsel for the appellants,

Mr. Peush Nag, learned counsel for respondent No.1-Rajasthan

Wrestling Association and Mr. Abhinav Surollia, vice Mr. Ashish

Surollia learned counsel for respondent No.7-Rajasthan State

[2023/RJJP/000566] (2 of 6) [SAW-967/2021]

Sports Council. Service of notice upon respondent Nos.2 to 6 was

dispensed with by earlier order of this Court.

2. The appellants herein have preferred this intra court appeal

against the judgment and order dated 22.10.2021 by which the

writ petition filed by respondent No.1 was disposed of with the

direction to the Registrar, Cooperative Societies to hold an enquiry

as provided under Section 23 of the Rajasthan Sports

(Registration, Recognition and Regulation of Associations) Act,

2005 (for short, 'the Act of 2005') within a time bound period by a

speaking order.

3. The submissions of learned counsel for the appellants is that

the Writ court could not have issued any direction for an enquiry

by the Registrar, Cooperative Societies as the dispute of the

elections of the office bearers of the Association can be called into

question by taking recourse to Section 16 of the Act of 2005 which

provides for the remedy of conciliation and arbitration.

4. On the other hand, the submission of learned counsel for the

respondents is that where the elections of the Associations are not

held in accordance with law, the Registrar, Cooperative Societies is

empowered to hold an enquiry and to pass the necessary order

which is also amenable to appeal under Section 35 of the Act of

2005.

5. There is no dispute to the fact between the parties that the

elections to the post of office bearers of the Association i.e.

Rajasthan Wrestling Association are required to be held in

accordance with the provisions of the aforesaid Act.

6. Section 16 of the Act of 2005 clearly provides that, if any

dispute arises touching the constitution, management activities,

[2023/RJJP/000566] (3 of 6) [SAW-967/2021]

election or claim to affiliation of any Sports Association, the same

shall be resolved through conciliation and arbitration. It further

provides that the Arbitration and Conciliation Act, 1996 (for shot,

'the Act of 1996') as amended from time to time, shall apply for

the purposes of conciliation and arbitration proceedings referred to

above.

7. Section 16 of the Act of 2005 is reproduced herein below:-

"16. Conciliation and Arbitration.- (1) If any dispute arises touching the constitution, management activity, election or claim to affiliation of any Sports Association, the same shall be resolved through conciliation and arbitration.

(2) The Arbitration and Conciliation Act, 1996 (Central Act No.26 of 1996), as amended from time to time, shall apply to the conciliation and arbitration proceedings referred under sub-section (1)."

8. In view of the language used in Section 16 of the Act of 2005

any dispute regarding election of a Sports Association is supposed

to be resolved in the first instance through conciliation and

arbitration in accordance with the Act of 1996.

9. At the same time, Chapter-VI of the Act of 2005 provides for

the disaffiliation, enquiry and disqualification of a Sports

Association.

10. Section 22 of the Act of 2005 therein provides that a Sports

Association shall be liable to action on the grounds mentioned

therein inter alia if the Sports Association fails to hold elections in

accordance with its bye-laws. It further provides that the Registrar

i.e. the Registrar of Cooperative Societies may hold an enquiry

either himself or by person duly authorized by him and that after

holding such an enquiry and giving an opportunity of being heard

to the affected Sports Association, he may appoint an Adhoc

[2023/RJJP/000566] (4 of 6) [SAW-967/2021]

Executive Committee and cause to hold fresh elections of the

Executive Body of the Sports Association within three months.

11. Sections 22, 23 & 24 of the Act of 2005 read as under:-

"22. Grounds for Disqualification. - (1) A Sports Association shall be liable to action on any of the following grounds:-

(a) if the Sports Association fails to maintain accounts and submit the same under Section 19 or fails to produce the same when called for inspection.

(b) if the Sports Association fails to hold elections in accordance with its bye-laws, or, as the case may be, when enjoined by the provisions of Chapter VII.

(c) if the Sports Association fails to carry out its obligations under Chapter VIII.

(d) if the Sports Association or any of its Office Bearers or any other member of the Executive Body misappropriates the funds for his personal gains or mismanages the affairs of the Sports Association to give undue benefit to any other person.

(e) if the Sports Association is disaffiliated under Section 21.

(2) A State Level Sports Association may after giving opportunity of being heard, recommend to the Registrar that a District Level Sports Association affiliated to it may be disqualified if it-

(a) does not follow the directions of the State Level Sports Association in the matter of conducting tournaments and flouts its Regulations;

(b) does not pay the affiliation fee;

(c) otherwise violates the provisions of its own registered bye-laws.

23. Inquiry. -

(1) The Registrar may,-

(a) on the request of a State Level Sports Association, or

(b) on the request of not less than one tenth of the total members of a Sports Association, or

(c) on his own motion,

[2023/RJJP/000566] (5 of 6) [SAW-967/2021]

hold an enquiry, either himself or by a person duly authorised by him.

(2) The Registrar or the person authorised by him shall, for the purpose of any inquiry have all the powers to inspect records, direct production and take copy of any document of the concerned Sports Association for the purpose of the enquiry.

24. Disqualification. -

(1) After holding an inquiry the Registrar, after giving an opportunity of being heard to the affected Sports Association, may-

(a) appoint an Ad-hoc Executive Committee and cause to hold fresh elections of the Executive Body within three months;

(b) in the case of misappropriation of funds, take action in accordance with law.

(2) No existing Office Bearer of a Sports Association which is disqualified under sub-section (1) shall be permitted to contest elections of any Sports Association for a period of six years from the date of such disqualification."

12. A simple reading of the provisions of Section 22 read with

Sections 23 and 24 of the Act of 2005 demonstrates that they

come into play where the Sports Association fails to hold elections

in accordance with bye-laws in which case the Registrar is obliged

to hold an enquiry and to pass an order appointing an Adhoc

Executive Committee and to hold fresh elections of the Executive

Body within three months. The aforesaid provisions are not the

provisions for resolving the election disputes. The election

disputes are basically covered by Section 16 of the Act of 2005.

Election disputes if any are mandated to be resolved through

conciliation and arbitration only. There is no material to indicate

the election disputed involve is on account of failure to hold

elections in accordance with the bye-laws.

13. In view of the aforesaid facts and circumstances, a blanket

direction to the Registrar, Cooperative Societies to hold an enquiry

[2023/RJJP/000566] (6 of 6) [SAW-967/2021]

in accordance with Section 23 of the Act of 2005 and to pass a

speaking order is not necessary until and unless the allegation is

that the elections have not been held in accordance with law which

entails appointment of an Adhoc Executive Committee or for

holding fresh elections.

14. On the other hand, Section 16 of the Act of 2005 has a

specific and wider ambit with regard to resolving all kinds of the

election disputes of the Sports Association.

15. In view of the aforesaid facts and circumstance, we dispose

of this appeal by modifying the impugned order dated 22.10.2021

by providing that the Registrar Cooperative Societies will hold

enquiry as provided under Section 23 of the Act of 2005 only if he

is satisfied that the elections have not been held in accordance

with the bye-laws, otherwise the matter has to be resolved

through conciliation and arbitration for which purpose either of the

parties if necessary are free to appoint an Arbitrator by mutual

consent or to approach the Court under Section 11 of the

Arbitration and Conciliation Act, 1996 of an independent Arbitrator

keeping in mind the bye-laws, if any.

16. The appeal stands disposed of accordingly.

                                   (SHUBHA MEHTA),J                                                   (PANKAJ MITHAL),CJ

                                   N.K. GANDHI/LAKSHYA SHARMA /46









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