Sanadhan Swimming Club and Ors v. Union of India and Ors

RAJIV SAHAI ENDLAW, J. MARCH 04, 2016 "gsr/bs" (corrected & released on 16th June, 2016)

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 4th March, 2016. + W.P.(C) 2777/2015 SANADHAN SWIMMING CLUB AND ORS. ..... Petitioners Through: Mr. Asutosh Lohia with Ms. Soumya Kumar & Mr. Sagar Chauhan, Advs. Versus UNION OF INDIA AND ORS. ..... Respondents Through: Mr. S. Mukerjee & Mr. Avijit Singh, Advs. for R-3. Mr. Abhiya with Mr. Abhay Singh Kushwaha, Advs. for R-4&5. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW 1. This petition was filed by 10 private swimming clubs of Delhi and by their officials impleaded as petitioners no.11 to 13 claiming the relief of i) stay of the elections to the post of office bearers of the respondent no.3 Delhi Swimming Association (DSA) schedule to be held on 22nd March, 2015, ii) for setting aside of the fresh list of the electoral college dated 1st March, 2015 prepared by the Returning Officer (RO) appointed of the said election, iii) for a direction to the RO to consider favourably the nomination filed by certain petitioners whose nominations had been rejected for no plausible reason, and iv) seeking a direction for holding of election of the respondent no.3 DSA by calling fresh nominations from all concerned including the petitioner Clubs who had been omitted from the electoral college in an allegedly illegal and arbitrary manner and as per the official list submitted by the respondent no.3 DSA of 173 member Clubs. 2. The petition came up first before this Court on 19th March, 2015 when the application of the petitioners for interim relief seeking stay of the election was dismissed with the observations "However, it is clarified that the outcome of the election shall be subject to the further orders that may be passed in this petition" and notice of the petition was issued. 3. Counter affidavits have been filed by respondent no.3 DSA and respondents no.4&5 being the Swimming Federation of India (SFI) and the Ad-hoc Committee in management of respondent no.3 DSA. 4. The petition came up for hearing on 21st July, 2015 when the following order was passed: "1. After some hearing the counsel for the petitioners seeks time to satisfy this Court as to how the dispute raised in this petition is not an election dispute and if it is an election dispute then the fora before which the same is to be adjudicated. 2. Pleadings if any remaining by the respondents, be completed before the next date. 3. List on 3rd August, 2015." 5. Thereafter the petition was adjourned from time to time. Hence, today when the matter came up, the same query has been put to the counsel for the petitioners, who has been heard. The need to call upon the counsels for the respondents has not arisen. 6. What emerges is i) that the election of office bearers of the respondent no.3 DSA, a Society registered under the Societies Registration Act, 1860, as per its Rules and Regulations are to be held every four years and were held last on 22nd March, 2011; ii) that the SFI being the National Sports Federation (NSF) for the sport of swimming, in or about the year 2014 i.e. even prior to the expiry of the term of the office bearers of the respondent no.3 (DSA) removed the office bearers elected on 22nd March, 2011 from the management of respondent no.3 DSA and appointed an Ad-hoc Committee i.e. respondent no.5 for management of the affairs of respondent no.3 DSA; iii) W.P.(C) No.3652/2014 was filed by the respondent no.3 DSA in this regard and when the same was being heard on 29th October, 2014, all the counsels agreed / consented to hold fresh elections for all the post of office bearers and members of the Managing Committee of respondent no.3 DSA in accordance with its Bye-laws / Memorandum / Rules as also the Model Elections Guideline of National Sports Development Code of India 2011 of Ministry of Sports, Government of India (Sports Code); Justice (Retd.) Reva Khetrapal was appointed as RO for holding of the election with the assistance of the Ad-hoc Committee aforesaid and it was further directed that "complaints