IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.55391-93 OF 2017 (GM-RES) BETWEEN:
1. MR NILESH PRABHU AGED ABOUT 47 YEARS S/O SRI G V PRABHU NO.130 B, 25TH CROSS 2ND BLOCK, RAJAJINAGAR BANGALORE-560 010 2. RAJSEKHAR V AGED ABOUT 50 YEARS S/O VISHWANATH RESIDING AT #436, 8TH CROSS MAHALAKSHMI LAYOUT BANGALORE-560 086 3. VENKATESH H A AGED ABOUT 41 YEARS RESIDING AT NO.339/12, 7TH CROSS 2ND MAIN, V R PURAM PS HALLI BANGALORE-560003 (BY MR. SUDHARSAN SURESH, ADV.) AND:
1. KARNATAKA BADMINTON ASSOCIATION NO.4, JASMA BHAVAN ROAD VASANTH NAGAR MILLER TANK BED AREA BANGALORE-560 052 2. RETURNING OFFICER KARNATAKA BADMINTON ASSOCIATION … PETITIONERS NO.4, JASMA BHAVAN ROAD VASANTH NAGAR MILLER TANK BED AREA BANGALORE-560 052 3. SUDHIR N C 92/1, TRIVIKRAMA NILAYA 6 C MAIN, HMT LAYOUT APPANNA BLOCK R T NAGAR BANGALORE-560 032 4. STATE OF KARNATAKA DEPARTMENT OF YOUTH EMPOWERMENT AND SPORTS VIDHANASOUDHA BANGALORE-560 001 5. DEPARTMENT OF YOUTH EMPOWERMENT AND SPORTS STATE YOUTY CENTRE NRUPATHUNGA ROAD BENGALURU KARNATAKA-560001 6. UNION OF INDIA MINISTRY OF SPORT AND YOUTH AFFAIRS DEPARTMENT OF SPORTS SHASTRI BHAWAN NEW DELHI-110115 (BY MR. Y.D.HARSHA, AGA FOR R-4 AND 5 MR. G.V.NARASIMHA MURTHY, ADV FOR R-1 … RESPONDENTS MR.D.A.ANIL LAKSHMINARAYAN, ADV FOR R-6 R-2 AND 3 SERVED AND UNREPRESENTED) - - -
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT AGAINST THE RESPONDENTS TO OBSERVE STRICT ADHERENCE OF THE MANDATORILY FOLLOW THE SPORTS DEVELOPMENT CODE, 2011. DIRECT THE RESPONDENTS TO AFFORD A FAIR CHANCE TO OTHER CONTESTING CANDIDATES HEREIN TO CONTEST THE ELECTIONS AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Sudharsan Suresh, learned counsel for the petitioners.
Mr.Y.D.Harsha, learned Additional Government Advocate for respondent Nos.4 & 5.
Mr.G.V.Narasimha Murthy,learned counsel for respondent No.1.
Mr.D.A.Anil Lakshminarayan, learned counsel for respondent No.6.
2. The writ petitions are admitted for hearing.
With consent of the learned counsel for the parties, the same are heard finally.
3. In these petitions, the petitioners are seeking for a mandamus directing the respondents to observe strict adherence of the mandatorily follow the sports development code, 2011.
4. When the matters were taken up today, learned counsel for the petitioners submitted that they be granted with a liberty to make a representation before the competent authority. On the other hand, learned counsel for respondent submitted that if such a representation is made by the petitioner the same shall be dealt with in accordance with law.
5. In view of the submissions made and in the facts of the case, the writ petitions are disposed of with a liberty to the petitioners that in case a representation is made to the competent authority, the same shall be decided by the competent authority by a speaking order within a period of four months from the date of receipt of such a representation. It is made clear that this Court has not expressed any opinion on the merits of the case. Till the representation is decided, ad-interim order, if any, granted by a bench of this Court to continue.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS