IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.4356 OF 2016 (GM-RES) c/w WRIT PETITION NOs.44271-44272 OF 2015 (GM-RES) In W.P.No.4356 of 2016:
BETWEEN:
THE BASKET BALL FEDERATION OF INDIA REPRESENTED BY ITS PRESIDENT SRI K.GOVINDA RAJ, NO.30, 4TH CROSS, 4TH BLOCK, OPP.TO JAYASHREE NURSING HOME, KUMARA PARK WEST, BENGALURU-20. ...PETITIONER (By Sri R.HEMANTH RAJ, ADVOCATE) AND:
1. INDIAN OLYMPIC ASSOCIATION REP.BY ITS SECRETARY GENERAL SRI RAJEEV MEHAHTA, SITUATED AT OLYMPIC BHAVAN, B-29, QUTUB INSTITUTIONAL AREA, NEW DELHI-110016, REP.BY ITS PRESIDENT 2. THE MINISTRY OF YOUTH & SPORTS REP.BY ITS PRINCIPLE SECRETARY SHASTRI BHAVAN, NEW DELHI-11001.
... RESPONDENTS (By Sri ADITYA SINGH FOR R1 & R2 – ABSENT-) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE/COMMUNICATION DATED 25/27.01.2015 ISSUED BY THE R-1 VIDE ANNEX-F AND DIRECT THE R-1 NOT TO INTERFERE WITH THE AFFAIRS OF THE PETITIONER FEDERATION IN ANY MANNER.
* * * * * In W.P.Nos.44271-44272 OF 2015:
BETWEEN:
1. THE BASKETBALL FEDERATION OF INDIA REPRESENTED BY ITS SECRETARY GENERAL SHRI CHANDER MUKHI SHARMA NO.14, SAGAR APARTMENTS, 6. TILAK MARG, NEW DELHI-110 001 2. SHRI CHANDER MUKHI SHARMA AGED ABOUT 53 YEARS, NO.14, SAGAR APARTMENTS, 6, TILAK MARG, NEW DELHI-110 001. ...PETITIONERS (By Sri R.HEMANTH RAJ, ADVOCATE) AND:
1. INDIAN OLYMPIC ASSOCIATION OLYMPIC BHAVAN, B-29, QUTUB INSTITUTIONAL AREA, NEW DELHI-110 016 REP.BY ITS PRESIDENT 2. SHRI K MURUGAN CHAIRMAN, INDIAN OLYMPIC ASSOCIATION OLYMPIC BAHVAN, B-29, QUTUB INSTITUTIONAL AREA NEW DELHI-110 016 3. SHRI ANANDESHWAR PANDEY MEMBER, INDIAN OLYMPIC ASSOCIATION OLYMPIC BHAVAN, B-29, QUTUB INSTITUTIONAL AREA NEW DELHI-110 016 4. SHRI KULDIP VATS MEMBER, INDIAN OLYMPIC ASSOCIATION, OLYMPIC BHAVAN, B-29, QUTUB INSTITUTIONAL AREA NEW DELHI-110 016 5. THE MINISTRY OF YOUTH AND SPORTS, REP.BY ITS PRINCIPAL SECRETARY, SHASTRI BHAVAN, NEW DELHI – 110001.
6. THE BASKET BALL FEDERATION OF INDIA REPRESENTED BY ITS GENERAL SECRETARY, MR.ROOPAM HARISH SHARMA.
... RESPONDENTS (By Sri B.M.ARUN & ADITHYA SINGH, ADVOCATES FOR R1 TO R6 – ABSENT-) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS RELATING TO THE OFFICE ORDER DATED 09.09.2015 ISSUED BY THE R-1 VIDE ANNEXURE-A2 AND QUASH THE SAME AS ILLEGAL ARBITRARY AND MALAFIDE APART FROM BEING NONEST AND BEYOND THE MEMORANDUM, RULES AND REGULATIONS OF THE INDIAN OLYMPIC ASSOCIATION.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R In W.P.No.4356 of 2016:
Sri R.Hemanth Raj, learned counsel for the petitioner.
Sri Adithya Singh, learned counsel for Respondents No.1 and 2 remained absent.
2. In this petition, the petitioner interalia has prayed for a writ of certiorari and to quash the impugned communication dated 25/27.01.2015 as per Annexure – ‘F’.
3. From the perusal of the aforesaid communication, it is evident that the petitioner has been informed that Indian Olympic Association has decided to hold selection trials to select Indian Men and Women Basketball Teams to participate in the forthcoming 12th South Asian Games in Guwahati. It is further being informed that the trials will be held on 30.01.2016 at Indira Gandhi Indoor Basketball Stadium, I.P.Estate, New Delhi and the petitioner has been informed to send its best players in both the sections for the trials.
4. It is evident that the flux of time, nothing survives for adjudication in this writ petition. However, at this stage, learned counsel for the petitioner submits that he be granted liberty to seek revival of the petition, incase the grievance of the petition still subsists.
Accordingly, W.P.No.4356 of 2016 is disposed of with liberty as aforesaid.
In W.P.Nos.44271-44272 of 2015:
In these writ petitions, petitioners have assailed the validity of the order dated 09.09.015 passed by Indian Olympic Association by which, Ad-hoc Committee was constituted for a period of two months within which fresh elections were to be held.
2. The Bench of this Court by an ad-interim order dated 14.10.2015 has stayed the operation of the aforesaid order. The said order is still in force. Therefore, prima-facie nothing survives for adjudication in these writ petitions. However, the writ petitions are disposed of with liberty to the petitioners to approach this Court again, incase the grievance of the petitioners still subsists.
With the aforesaid liberty, W.P.Nos.44271-44272 of 2015 are disposed of.
Sd/- JUDGE dh