Reply on behalf of respondent no. 2 to a writ petition challenging sports federation by-election
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REPLY ON BEHALF OF RESPONDENT NO. 2
IN THE MATTER OF:
Petitioners' party description…PETITIONERS
Versus
Respondents' party description…RESPONDENTS
MOST RESPECTFULLY SHOWETH:
1.At the outset, it is submitted that all the contentions, averments and statements contained in the Writ Petition are denied in toto, save and except what is specifically admitted hereunder.
2.The present common Reply is being filed on behalf of Respondent No. 2, who is the duly elected and recognised President of the Name of federation, which is recognised as the Recognized federation designation for the sporting discipline of Sporting discipline by Respondent No. 1.
3.It is further submitted at the outset that the present writ petition is not maintainable, as it is nothing but an election petition presented under the garb of a writ petition. It is humbly submitted that the correct and effective remedy for challenging the by-elections of the answering Respondent is by way of an election petition in the form of a civil suit.
4.It is further submitted that the Petitioners have grossly suppressed several material facts and documents from this Hon'ble Court, and it is therefore of paramount necessity that a correct list of dates and events be placed before this Hon'ble Court. The same is as follows:
| Date | Particulars |
|---|---|
| Day of recognition date.Month of recognition date.Year of recognition date | The Name of federation was recognised as the Recognized federation designation for the new sport of Sporting discipline by the Ministry of Ministry name and Ministry name (second part), Government of India. At that point in time, the office bearers of the Name of federation, inter alia, were as follows: 1. President – Erstwhile President's name; 2. Secretary – Secretary's name; 3. Treasurer – Treasurer's name; 4. One of the Vice Presidents – Vice President's name (Respondent No. 2); 5. One of the Members – Member's name (Petitioner No. 1). |
| Date of resignation.0X.Year of resignation date | Vide letter dated Date of resignation letter, the erstwhile President, namely Erstwhile President's name, tendered his resignation to the Designation of resignation recipient of the Name of federation, citing other engagements and commitments. |
| 0X.0X.Year of meeting date | All the office bearers, members and patrons of the Name of federation attended the Meeting and resolved not to accept the resignation of Erstwhile President's name. A copy of the minutes of the Meeting held on 0X.0X.Year of meeting date is annexed hereto and marked as ANNEXURE R-1. |
| 0X.0X.Year of General Body decision date | This decision of the General Body of the Name of federation to reject the resignation of Erstwhile President's name was communicated to him by the Sender's designation of rejection letter on Date of communication of rejection. A copy of the letter dated Date of rejection letter sent by Sender's name of rejection letter to Recipient's name of rejection letter is annexed hereto and marked as ANNEXURE R-2. |
| Date of 6th Executive Council Meeting.0X.Year of 6th Executive Council Meeting date | The 6th Executive Council Meeting of the Name of federation was held. It was resolved therein that the resignation of Erstwhile President's name should be accepted. Consequently, it was only on Date post of President fell vacant that the post of President of the Name of federation fell 'vacant'. It was further resolved therein that the by-election for the vacant post of President of the Name of federation should be conducted immediately, and that Mr. Returning Officer's name, Retd. Judge of the Hon'ble Punjab and Haryana High Court, should be requested to conduct the said by-election as the Returning Officer. It was further decided that only those members who had submitted the 'Conflict of Interest' Affidavit would be included in the electoral college for the by-election of the President. It is extremely pertinent to note that the said meeting was attended by Petitioner No. 1, who raised no objection whatsoever to the said resolution. Further, despite placing reliance upon the said meeting dated Date of 6th Executive Council Meeting, Mr. Petitioners' counsel's name has concealed the minutes of the said meeting despite being in possession thereof. A copy of the minutes of the 6th Executive Council Meeting of the Name of federation held on Date of 6th Executive Council Meeting, along with the email by which the same was communicated to Recipient of minutes email, are annexed hereto and marked as ANNEXURE R-3 (Colly.). |
| 0X.0X.Year of extension meeting date | An extension meeting of the 6th Executive Council Meeting took place, in which the members unanimously proposed the name of Proposed candidate's name (the then Vice-President) to contest for the post of President. |
| Date of Returning Officer's acceptance email.0X.Year of Returning Officer's acceptance email date | Vide email dated Date of Returning Officer's acceptance email, Mr. (Retd.) Justice Returning Officer's name accepted his appointment as Returning Officer for conducting the by-election of the President of the Name of federation. |
| Date of election commencement email.0X.Year of election commencement email date | Vide email dated Date of election commencement email, the Returning Officer commenced the by-election for the vacant post of President of the Name of federation and also shared the schedule and nomination form for the same. A copy of the email dated Date of election commencement email, along with the schedule and forms for the by-election of the vacant post of President of the Name of federation, is annexed hereto and marked as ANNEXURE R-4. |
| Date of observer deputation.0X.Year of observer deputation date | The Observer-deputing body deputed an observer to oversee the by-election of the President of the Name of federation. A copy of the letter dated 10.06.Year of observer letter issued by the International federation name is annexed hereto and marked as ANNEXURE R-5. |
| Date of result declaration.0X.Year of result declaration date | Vide email dated Date of result email, the Returning Officer informed the Secretariat of the Name of federation that only one nomination form, that of Respondent No. 2, had been received by him, and that the same was valid. Therefore, the Returning Officer declared Respondent No. 2's name as the President of the Name of federation unopposed, as nobody else had filed a nomination paper. The result of the by-election of the President of the Name of federation was forthwith communicated to the SDM, the Press, the Ministry of Youth Affairs and Sports, the Sports Authority of India and all other stakeholders. A copy of the order dated Date of Returning Officer's order of the Returning Officer declaring Respondent No. 2's name as the President of the Name of federation is annexed hereto and marked as ANNEXURE R-6. |
| Date of handing over letter.0X.Year of handing over letter date | The erstwhile President of the Name of federation, namely Erstwhile President's name, issued a handing over letter in favour of Respondent No. 2, thereby handing over charge of the office of the President of the Name of federation to Respondent No. 2. A copy of the handing over letter dated Date of handing over letter issued by Erstwhile President's name to Respondent No. 2 is annexed hereto and marked as ANNEXURE R-7. |
| Day of suspension letter date.Month of suspension letter date.Year of suspension letter date | Despite a new President having been elected, the then Senior Vice President of the Name of federation, namely Senior Vice President's name, issued an illegal and baseless letter in his purported capacity as Working President of the Name of federation, thereby purporting to suspend the elected General Secretary of the Name of federation, namely Respondent No. 3. |
| Date of Ministry email.0X.Year of Ministry email date | The Name of federation sent an email to Recipient's name of email, the then Senior Vice President, stating that the by-election process for the Post subject to by-election had been legally completed and that Respondent No. 2's name was now the President of the Name of federation. The Sender's designation of email further stated that the then Senior Vice President was not entitled to suspend any member of the Name of federation, and hence the letter dated Date of suspension letter issued by Issuer's name of suspension letter was illegal. A copy of the email dated Date of email sent by the Sender's designation of email to Recipient's name of email is annexed hereto and marked as ANNEXURE R-8. |
| Date of certificate.0X.Year of certificate date | The Issuing body of certificate issued a certificate wherein it was stated that the Name of federation was the only federation recognised by Respondent No. 1, and that the Name of federation was also affiliated to the WYSF. It further stated that the office bearers of the Name of federation were: · President – President's name; · General Secretary – General Secretary's name; · Treasurer – Treasurer's name. A copy of the certificate dated Date of certificate issued by the Issuing body of certificate is annexed hereto and marked as ANNEXURE R-9. |
| Date of misuse of letterhead.0X.Year of misuse of letterhead date | Since Date of misuse of letterhead, Name of person misusing letterhead kept misusing the letterhead, name and logo of the Name of federation. By misusing the letterhead of the Name of federation, Name of appointing person appointed Officiating Secretary's name as the officiating Secretary of the Name of federation. Thereafter, on 15.09.Year of illegal notice, Name of issuer of illegal notice, along with Name of co-issuer of illegal notice, yet again misused the letterhead of the Name of federation and issued an illegal notice calling for elections to the allegedly vacant posts of President and Secretary General of the Name of federation on 01.10.Year of illegal elections. In the said letter, one Advocate Election officer advocate's name was appointed as the election officer for conducting the said illegal elections. |
| Date of report letter.0X.Year of report letter date | In order to comply with the National Sports Code, a letter was sent by Sender of report letter to Respondent No. 1, thereby submitting the report of the by-election of Respondent No. 2 as President of the Name of federation. A copy of the letter dated Date of report letter sent by the Sender of report letter to Respondent No. 1 with regard to the by-election of Respondent No. 2 as President of the Name of federation is annexed hereto and marked as ANNEXURE R-10. |
| Date of emails to election officer.0X.Year of emails to election officer date | Respondent No. 2 and other officials of the Name of federation sent independent emails to Recipient's name of emails, informing him of the illegality of the by-election sought to be conducted by him, as also of the illegality of the actions of the Body whose actions were illegal. They requested Recipient's name of emails not to proceed further with the illegal election process. Copies of the emails dated Date of first email and Date of second email sent by the members of the Name of federation to Recipient's name of emails are annexed hereto and marked as ANNEXURE R-11. |
| Date of termination.0X.Year of termination date | Petitioner No. 1, along with Co-terminated person's name, was terminated from their respective posts in the Name of federation in the Emergent General Body Meeting of the Name of federation held on Date of Emergent General Body Meeting. Notably, the said minutes have not been challenged by either Name of terminated person or Co-terminated person's name till date, and hence remain valid. A copy of the minutes of the Emergent General Body Meeting of the Name of federation held on Date of Emergent General Body Meeting is annexed hereto and marked as ANNEXURE R-12. |
| Date of declaration email.0X.Year of declaration email date | Vide email dated Date of declaration email, Name of declarant illegally declared Petitioner No. 1 as the so-called Secretary General and Petitioner No. 2 as President of the Name of federation. |
| 0X.Month of Ministry request.Year of Ministry request date | The Sports Ministry asked the Name of federation, through Respondent No. 3, to submit the reports of the by-election of Respondent No. 2 as President of the Name of federation. |
| 0X.Month of resubmission.Year of resubmission date | The Name of federation re-submitted the record of the entire by-election process conducted by Mr. (Retd.) Justice Returning Officer's name for the post of President of the Name of federation. A copy of the letter dated Date of resubmission letter sent by Sender of resubmission letter to Respondent No. 1 is annexed hereto and marked as ANNEXURE R-13. |
| Day of recognition date.Month of recognition date.Year of Respondent No. 4's recognition date | Respondent No. 4 recognised Respondent No. 2 as the President of the Name of federation. |
| Date of Ministry certification letter.0X.Year of Ministry certification letter date | After perusing the reports submitted by the Report-submitting body, the Sports Ministry issued a letter thereby certifying that Respondent No. 2's name was, and still is, the President of the Name of federation. |
| Aggrieved by the aforesaid order dated Date of impugned order of Respondent No. 1, the Petitioners filed Writ petition number of Year of writ petition before this Hon'ble Court. |
| 0X.0X.Year of Court's disposal date | This Hon'ble Court disposed of Writ petition number of Year of writ petition by directing Respondent No. 1 to take a decision on the representations dated Date of first representation and Date of second representation submitted by Petitioner No. 1 to Respondent No. 1. Notably, neither of the said representations flagged any issue with regard to any violation of the Sports Code in the election of Respondent No. 2 as President of the Name of federation. |
| Date of impugned order decision.0X.Year of impugned order decision date | By way of the Impugned Order dated Date of impugned order, Respondent No. 1 decided the aforesaid representations in favour of Respondent No. 2 and as against Petitioner No. 2. |
PRELIMINARY SUBMISSIONS:
6.Respondent No. 3 is the elected Secretary General of the Name of federation, and Respondent No. 2 is the President of the Name of federation. It is noteworthy that both of them have been, and continue to be, recognised respectively as the Secretary-General and the President of the Name of federation by Respondent No. 1, Respondent No. 4, and also the Other recognizing governing body. It is accordingly submitted, at the outset, that Petitioner No. 1, namely Petitioner No. 1's name, has instituted the present writ petition while falsely and deliberately purporting to act as the Secretary of the Name of federation. In like manner, Petitioner No. 2, namely Petitioner No. 2's name, has filed the present petition in the unlawful and incorrect capacity of President of the Name of federation, notwithstanding that Respondent No. 2 stands recognised as President by all the governing bodies. On this ground alone, it is submitted that the Petitioners ought not to be permitted to continue to use the name of the Name of federation for the pursuit of the present litigation, and the present petition is liable to be dismissed. It is further submitted that Respondent No. 3 has filed an application in the present writ petition seeking orders from this Hon'ble Court, inter alia, restraining the Petitioners from continuing to unlawfully use the name, logo, letterhead, social media platforms and other materials of the Name of federation.
7.Without prejudice to the foregoing, it is submitted that Respondent No. 3 was elected as Secretary of the Name of federation upon its constitution. It is significant that no allegation whatsoever has been raised of any violation of the MOA and Rules & Regulations of the Name of federation, or of the National Sports Code, 2011, in the election of Respondent No. 3 to the post of Secretary. The Petitioners have deliberately misled this Hon'ble Court into believing that the by-election in which Respondent No. 2 was elected as President of the Name of federation also concerned Respondent No. 3. It is accordingly submitted that no cause of action has arisen for challenging the election of Respondent No. 3, and Respondent No. 3 is liable to be deleted from the array of parties in the present writ petition. It is reiterated that the Petitioners have been guilty of gross concealment of material facts.
8.It is noteworthy that the Petitioners challenge the election of Respondent No. 3 solely on the basis of a suspension letter dated Date of suspension letter issued by one Issuer's name of suspension letter, who issued the said letter in his self-proclaimed and self-serving capacity as 'Working President' of the Name of federation. It is humbly submitted that the said letter had no force whatsoever, having been issued by Issuer's name of suspension letter at his own whims and caprice. By virtue of the said letter, Issuer's name of suspension letter not only sought unlawfully and unilaterally to remove an elected Secretary of a National Sports Federation (hereinafter referred to as "Abbreviation for National Sports Federation"), but also purported to appoint one Officiating Secretary's name as the Officiating Secretary of the Name of federation. It is humbly submitted that neither the MOA and Rules & Regulations of the Name of federation nor the National Sports Code, 2011 permits the unilateral removal of an elected office bearer of an Abbreviation for National Sports Federation.
9.It is noteworthy that, since the inception of the Name of federation, Respondent No. 3 has been recognised as the Secretary General of the Name of federation, and since June, Year of presidency commencement, Respondent No. 2 has been the President of the Name of federation. Despite the recognition of Respondents No. 2 and 3 as the President and Secretary of the Name of federation by all the governing authorities, including Respondents No. 1 and 4 and the International federation name, the Petitioners have issued mala fide letters, circulars and communications to the Yogasana Sports fraternity, purporting and pretending to be the President and Secretary of the Name of federation. It is humbly submitted that all the said letters, circulars and communications were issued by the Petitioners solely with the object of creating utter chaos and confusion in the Yogasana Sports fraternity, and of unjustly enriching themselves. In order to circumvent the well-established rules and regulations governing the sport of Yogasana, the Petitioners have recently issued a fresh set of Rules and Regulations for Yogasana competitions, which, in the humble submission of the answering Respondents, is nothing but a verbatim copy of the Rules & Regulations of the Petitioners' federation name, created and developed by the Petitioners' body name led by the answering Respondents. This has been done in order to further mislead innocent young athletes into participating in unlawful tournaments conducted by the Petitioners under the garb of NYS. Copies of the various letters, circulars and communications issued by the Petitioners in their purported capacity as President and Secretary of the Name of federation are annexed hereto and marked as ANNEXURE R-14 (Colly.).
10.Even after the institution of the present writ petition, the Petitioners have continued to unlawfully use the name, logo, letterheads and other materials of the Name of federation, so as to mislead the public at large into believing that they are the office bearers of the Name of federation and that all activities carried out by them are activities of the Name of federation. By continuing to portray themselves as office bearers of the Name of federation, the Petitioners have, in effect, granted to themselves the prayers sought in the present writ petition. It is accordingly submitted that the Petitioners have grossly abused the process of this Hon'ble Court.
11.The Petitioners are mere imposters who hold no respect for, and display utter disregard towards, the orders of all the governing bodies for the sporting discipline of Yogasana, namely Respondents No. 1 and 4 and the Governing body for Yogasana. The Petitioners are self-proclaimed and self-styled individuals who are unjustly enriching themselves and misappropriating monies from young Yogasana athletes by unlawfully using the name and logo of the Name of federation. The Petitioners are engaged in multifarious unlawful acts, and are cheating and defrauding young athletes and the public at large.
12.It is humbly submitted that the very use of the name of the Name of federation for the filing of the present writ petition is itself an unlawful act which ought not to be countenanced. Permitting the Petitioners to pursue the present litigation in the name of the Name of federation would further mislead the various stakeholders in the sport of Yogasana.
13.It is further pertinent to bring to the attention of this Hon'ble Court that the Name of federation has already filed criminal complaints against the Petitioners for the unlawful use of the name, logo and letterheads of the Name of federation. Further, prior to the institution of the present writ petition, the Name of federation had also instituted a civil suit bearing C.S. No. Civil suit number of Year of civil suit against the Petitioners before the Hon'ble District Court at Dwarka in February, Year of suit institution, seeking the setting aside of all the unlawful communications issued by the Petitioners and Name of co-issuer of communications till date. The said suit could not be heard owing to a vacancy in the concerned Bench of the Hon'ble District Court at Dwarka. Subsequently, the civil suit was heard for the first time only on Date of first hearing, when the Hon'ble District Court at Dwarka was pleased to issue notice and summons to the Petitioners herein. The said civil suit is now listed for further hearing on Date of next hearing. Copies of the criminal complaints filed by the Complainant federation name against the Petitioners are annexed hereto and marked as ANNEXURE R-15 (Colly.). A copy of C.S. No. Civil suit number of Year of civil suit, filed by the Plaintiff federation name against the Petitioners before the Hon'ble District Court at Dwarka, together with all orders passed therein till date, is annexed hereto and marked as ANNEXURE R-16.
14.That in blatant disregard of the orders of Respondent No. 1 and the directions of the Governing body issuing directions, and in gross abuse of the process of this Hon'ble Court, the Petitioners have caused an illegal mass event to be conducted in Karnataka through the Name of the Karnataka state association, claiming that the said association is affiliated to the Name of federation. It is humbly submitted that the said Name of the Karnataka state association is not affiliated to the Name of federation, and the Petitioners are conducting the said event in gross violation of the orders of Respondent No. 1. It is thus reiterated that the Petitioners have, in effect, pre-emptively granted the reliefs sought in the present petition, thereby demonstrating their utter disregard and disrespect for the present proceedings before this Hon'ble Court. Copies of images from the illegal event conducted in Karnataka by the Petitioners are annexed hereto and marked as ANNEXURE R-17.
15.It is further submitted that the present petition is, in substance, an election petition in the garb of a writ petition. It is the humble submission of the answering Respondent that the only remedy available to challenge an election or by-election, once it has concluded, is by way of an election petition in the form of a civil suit [Please see the judgment of the Hon'ble Supreme Court of India in Laxmiba v. The Collector, Nanded and Ors., (2020) 12 SCC 186 (Para 40, 43); the Hon'ble Delhi High Court in S.D. Siddiqui v. University of Delhi and Ors., 2006 (88) DRJ 504 (Para 30); and Samadhan Swimming Club and Ors. v. Union of India and Ors., L.P.A. No. 525 of 2016 (Para 13, 14, 16)]. It is submitted that the aforesaid principle, applicable to elections of candidates under the Representation of the People Act, 1951, applies equally to elections in general (Please see the judgment of this Hon'ble Court in The Yachting Association of India v. Boardsailing Association of India and Ors., ILR (2013) V Delhi 3539 (Para 22)).
16.It is submitted that the Name of federation is a private autonomous body which, in accordance with its governing law, is bound to conduct its day-to-day functions and operations in accordance with its MOA and Rules and Regulations. It is submitted that the elections and by-elections of a private autonomous body are an internal subject matter, and a writ petition challenging the same is not maintainable. It is further submitted that the Name of federation is bound to conduct its elections in accordance with the National Sports Code only in order to enjoy the benefits of recognition by Respondent No. 1. Therefore, if at all this Hon'ble Court is of the view that the by-election of Respondent No. 2 was required to be conducted in accordance with the Sports Code and was not in compliance therewith, the relief that can be granted is confined only to the question of the recognition of the Name of federation by Respondent No. 1. Notably, no prayer for suspension of the recognition of the Name of federation has been made by the Petitioners in the present writ petition.
17.It is submitted that the by-election of an office bearer of an autonomous body can be declared illegal only if it is in violation of its Constitution, MOA, or Rules and Regulations. It is submitted that the appointment of Respondent No. 2 to the post of President of the Name of federation was not made in a routine election, but only in a by-election held to fill a vacancy in the office of the President of the Name of federation. Admittedly, in the present case, the by-election of Respondent No. 2 was conducted in complete compliance with Rule 27 of the MOA and Rules and Regulations of the Name of federation, which deals with vacancies arising upon the resignation of an office bearer. Non-conduct of a by-election of the Name of federation in accordance with the Sports Code may at most entail the consequences of a violation of the Sports Code, but not the nullification of the election result of the Name of federation altogether. It is further submitted that the Election Guidelines annexed to the Sports Code were not applicable to the by-election held in the case of a vacancy, as the said Guidelines pertain only to general elections of all office bearers. It is submitted that it is the sole prerogative of an autonomous body to determine how it fills vacancies in its offices. It is therefore submitted that the present writ petition challenging the election of the President of the Name of federation is not maintainable and is liable to be dismissed.
18.Notably, despite raising allegations of illegality against the by-election of Respondent No. 2, the Petitioners have concealed from this Hon'ble Court the entire by-election process conducted by Returning Officer's name, the Returning Officer appointed by the Name of the High Court that appointed the Returning Officer, despite being fully aware of the same. The declaration of Respondent No. 2 as President by the Returning Officer vide his letter dated Date of Returning Officer's declaration letter has not even been challenged in the present petition. Without challenging the said declaration, this clandestine election petition ought not to be permitted to survive. It is further submitted that the said by-election process was in complete compliance with the Sports Code and the MOA and Rules and Regulations of the Name of federation.
19.Without prejudice to the aforesaid contention that the present writ petition is not maintainable, it is further submitted that no ground whatsoever has been made out by the Petitioners regarding any violation of the Sports Code in the present writ petition. Even before the Ministry sought a report on the by-election of Respondent No. 2 as President of the Name of federation vide its letter dated Date of Ministry letter, the Body that communicated reports, vide letter dated Date of communication letter, had itself communicated the reports pertaining to the by-election of Respondent No. 2's name. Thereafter, on Date of resubmission, the Resubmitting body re-submitted the said reports of the Returning Officer to the Ministry. The said reports contained all the forms and steps prescribed under the National Sports Code, 2011. It was only after perusing all the said forms that the Ministry passed the Impugned Order dated Date of impugned order.
20.By concealing the reports of the Returning Officer and the minutes of the Executive Council Meeting of the Name of federation held on Date of Executive Council Meeting, the Petitioners have attempted to create an impression that Respondent No. 2 was 'nominated', and not 'elected', as President of the Name of federation in the Extension Meeting held on Date of Extension Meeting. Having approached this Hon'ble Court while concealing several material documents, the Petitioners come before this Hon'ble Court with unclean hands and are therefore not entitled to any discretionary or equitable relief under Article 226 of the Constitution of India.
21.It is further submitted that Respondent No. 1, being the governing authority for all National Sports Federations (Abbreviation for National Sports Federation), grants recognition to those Name of federation entities that comply with the Sports Code. The purpose and benefit of the said recognition is that the concerned Name of federation becomes entitled to the disbursement of government grants and other benefits. It is only with respect to this limited question of eligibility for recognition that Respondent No. 1 governs the manner in which the administration of a Name of federation may conduct itself. It is humbly submitted that Respondent No. 1 does not have the power to recognise, de-recognise, uphold, or verify the elections of the office bearers of a recognised Name of federation. What can be examined is only whether the said elections have been conducted in compliance with the guidelines laid down in the Sports Code; if the answer to that question is in the affirmative, the said Name of federation becomes eligible for recognition under the Sports Code.
22.In light of the aforesaid, it is submitted that this Hon'ble Court may exercise its powers under Article 226 of the Constitution of India only to the extent of the power and control which Respondent No. 1 exercises over a recognised Name of federation. Given that Respondent No. 1 does not have the power to nullify or uphold the elections of a Name of federation, this Hon'ble Court ought also not to entertain such a challenge in a writ petition under Article 226 of the Constitution of India. It is reiterated that the only remedy available to the Petitioners is to file an election petition in the form of an ordinary civil suit, as per the dicta of this Hon'ble Court in S.D. Siddiqui (supra). It is therefore the humble submission of the answering Respondent that none of the prayers sought by the Petitioners can be granted by this Hon'ble Court while exercising its jurisdiction under Article 226 of the Constitution of India.
23.It is notable that the Impugned Order dated Date of impugned order, by which the election of Respondent No. 2 has been upheld and recognised, as against the election of Petitioner No. 2, was passed by Respondent No. 1 only in furtherance of, and in order to comply with, the directions of this Hon'ble Court in its order dated Date of Court's order passed in W.P. (C) No. Writ petition number of Year of writ petition, whereby Respondent No. 1 was directed to decide the representations of the Petitioners dated Date of first representation and Date of second representation. It is only on account of the order of this Hon'ble Court that Respondent No. 1 entered upon the question of the validity of the by-election of Respondent No. 2 and thereafter passed the Impugned Order dated Date of impugned order. It is submitted that, absent the specific directions contained in the said order dated Date of Court's order, Respondent No. 1 could not have entered upon the question of the validity of the by-election of Respondent No. 2.
24.Pertinently, the representations of the Petitioners dated Date of first representation and Date of second representation did not contain even a whisper regarding any violation of the Sports Code in the by-election of Respondent No. 2. In the absence of any averment or proof in support of such a plea, Respondent No. 1 found the representations of the Petitioners to be baseless and devoid of any material. Hence, there is no infirmity in the Impugned Order dated Date of impugned order, and the present writ petition is liable to be dismissed.
25.In so far as the Impugned Order dated Date of impugned order is concerned, it is submitted that the same is similar in nature to a letter issued by Respondent No. 1 to all Recipients of Respondent No. 1's letter once the elections/by-elections of their office bearers are conducted and the reports thereof are submitted to Respondent No. 1, in order to update its records. It is humbly submitted that the said letter does not confer validity or force upon the by-election of Respondent No. 2, but merely records the said development in the records of Respondent No. 1. Therefore, there is no infirmity in the Impugned Order dated Date of impugned order either, and the present writ petition is liable to be dismissed.
26.It is further submitted that, in so far as the prayers of the Petitioners pertain to the minutes of the meetings of the Name of federation and the decisions taken therein, the same are not maintainable, as the correct and effective remedy in that behalf is to institute an ordinary civil suit seeking a declaration nullifying the said decisions. Such prayers ought not to be granted by this Hon'ble Court in a petition under Article 226 of the Constitution of India. It is humbly reiterated that this Hon'ble Court ought to exercise its powers under Article 226 of the Constitution of India in relation to the Name of federation only to the extent of the powers and control exercised by Respondent No. 1 over the Name of federation.
27.Similarly, the prayers of the Petitioners seeking a declaration validating the illegal actions taken by them by illegally using the name, logo and letterheads of the Name of federation are also not maintainable, as a civil suit is the correct remedy for the said reliefs. Therefore, none of the prayers sought by the Petitioners is maintainable, and hence the present writ petition is liable to be dismissed in limine.
28.It is pertinent to draw the attention of this Hon'ble Court to the fact that Petitioner No. 2 was, at no point of time, a part of the administrative structure of the Name of federation or of its affiliated state units. He was brought in through the backdoor by the erstwhile Senior Vice President, Name of the erstwhile Senior Vice President, who, acting according to his own whims and fancies, issued an illegal letter purporting to disaffiliate all the state members of the Name of federation and granted affiliation to various yoga associations across the country. It was from one of these yoga associations that Petitioner No. 2 was illegally brought into the picture.
PARA WISE REPLY:
29.The contents of paragraph 1 are denied in toto, except in so far as they form part of the record.
30.The contents of paragraph 2 are denied in toto, except in so far as they form part of the record. Further, the contents of the preceding paragraphs are reiterated and sought to be relied upon. It is further submitted that the Impugned Letters were issued by Respondents No. 1 and 4 only after carefully examining the by-election process of Respondent No. 2, which the Petitioners have concealed from this Hon'ble Court in its entirety.
31.The contents of paragraph 3 are denied in toto, except in so far as they form part of the record. Further, the contents of the preceding paragraphs are reiterated and sought to be relied upon. It is reiterated that the reliefs sought by the Petitioners in the present writ petition cannot be granted under Article 226 of the Constitution of India. It is further submitted that the entire illegal process of election conducted by Conductor of illegal election has no legal sanctity whatsoever and is void ab initio. Respondents No. 2 and 3 were the duly recognised President and Secretary of the Name of federation, and hence there was no vacancy in the said posts which would warrant an election. The said fact was communicated to Recipient of communications by multiple office bearers of the Name of federation vide their emails dated Date of first email and Date of second email, but to no avail, as the said Recipient of communications was acting hand in glove with the Petitioners. Further, it is submitted that the illegal elections on which the Petitioners seek to rely were conducted in furtherance of illegal and non-est letters written by the erstwhile President of the Name of federation, namely Erstwhile President's name. The said letters were issued without any authority and solely at the whims and fancies of the said erstwhile Senior Vice President. It is further denied that the office of the President fell vacant on Date of alleged vacancy (per petitioners). It is reiterated that the office of the President fell vacant only on Date vacancy actually fell, when the Executive Committee of the Name of federation accepted the resignation of the erstwhile President of the Name of federation, Erstwhile President's name. Notably, Petitioner No. 1 was a part of the said meeting held on Date of meeting, and yet has concealed the true minutes of the said meeting. It was only on Date vacancy fell that the office of the President of the Name of federation fell vacant, whereupon the by-elections were declared by the Executive Committee of the Name of federation, to be conducted by Returning Officer's name. This position is further reinforced by the fact that the erstwhile President of the Name of federation issued a handing over letter dated Date of handing over letter in favour of Respondent No. 2. It is further submitted that the suspension letter issued by the erstwhile Senior Vice President against Respondent No. 3 was also illegal and non est, since the MOA of the Name of federation does not even contemplate the unilateral removal of an office bearer by an individual office bearer of the Name of federation.
32.The contents of paragraph 4 are denied in toto, as the same are nothing but bald, baseless and misleading. Further, the contents of the preceding paragraphs are reiterated and sought to be relied upon.
33.The contents of paragraphs 5 and 6 are denied in toto, except in so far as they form part of the record. Further, the contents of the preceding paragraphs are reiterated and sought to be relied upon. It is further submitted that the letters pertaining to mediation and arbitration were issued by the Petitioners using the name and letterhead of the Details, and hence the same have no legal sanctity whatsoever. At the time of issuance of the said letters, and even as on date, Respondents No. 2 and 3 are the President and Secretary General of the Details. Notably, Petitioner No. 1, i.e. Details, had been terminated from the Details, and hence did not have any authority to exercise any rights emanating from the MOA of the Details. In so far as Petitioner No. 2 is concerned, it is submitted that he was not even a part of the Details, and hence his letters were non est and baseless. The Petitioners continued to issue letters at their own whims and fancies, without any regard whatsoever to the decisions of the General Body and the Executive Committee of the Details.
34.The contents of paragraph 7 are denied in toto except in so far as they form part of the record. Further, the contents of the preceding paragraphs are reiterated and sought to be relied upon. It is reiterated that the letter dated Details was a procedural letter issued by Respondent No. 1 after receiving the report of the by-elections of Respondent No. 2 to the post of President of Name of the sports federation. It is further pertinent to note that the Impugned Order dated Details clearly stipulates that the representations of the Petitioners dated Details and Details were filed without any evidence in support thereof and were, accordingly, found to be immaterial.
35.The contents of paragraph 8 are denied in toto as the same contain nothing but bald, mala fide and misleading allegations. Further, the contents of the preceding paragraphs are reiterated and sought to be relied upon.
36.The contents of paragraph 9 are denied in toto as the same contain nothing but bald, mala fide and misleading allegations. Further, the contents of the preceding paragraphs are reiterated and sought to be relied upon. It is submitted that the answering Respondent has placed on record the letters addressed by the Name of the sports federation to Respondent No. 1, and a perusal thereof would make it amply clear that the Impugned Orders were passed only after duly perusing the entire by-election process conducted by Retd. Justice Details.
37.The contents of paragraph 10 are denied in toto as the same contain nothing but bald, mala fide, baseless and misleading allegations. Further, the contents of the preceding paragraphs are reiterated and sought to be relied upon.
38.The contents of paragraph 11 are denied in toto as the same contain nothing but bald, mala fide, baseless and misleading allegations. Further, the contents of the preceding paragraphs are reiterated and sought to be relied upon.
39.The contents of paragraph 12 are denied in toto as the same contain nothing but bald, mala fide, baseless and misleading allegations. Further, the contents of the preceding paragraphs are reiterated and sought to be relied upon. It is submitted that all the tournaments conducted by the Petitioners were nothing but a ruse, and that the Petitioners have cheated the public at large by illegally and clandestinely conducting the said tournaments under the banner of the Name of the sports federation. It is further submitted that the Petitioners have even charged the athletes for participating in the said events. Moreover, the events referred to in the paragraph under reply were conducted without following the rules and syllabus created and developed by the Name of the sports federation. In contrast, the Name of the sports federation, under the leadership of Respondents No. 2 and 3, has not only conducted National Championships at City where the National Championships were conducted, but has also, for the first time, secured the inclusion of the sport of Yogasana in the Khelo India Youth Games, Details, which are conducted by Respondent No. 1.
40.The contents of paragraph 13 are denied in toto as the same contain nothing but bald, mala fide, baseless and misleading allegations. It is submitted that Respondent No. 1 did not consider the entries sent by the Petitioners because the tournaments conducted by the Petitioners were wholly illegal. The fact that Respondent No. 1 did not accept the entries sent by the Petitioners itself demonstrates that the Petitioners illegally used the name of the Name of the sports federation to conduct bogus national championships, thereby cheating thousands of young athletes across the country, and are continuing to do so even as of today.
41.The contents of paragraph 14 are denied in toto. It is submitted that Respondent No. 2 is the President of the Name of the sports federation and Respondent No. 3 is the Secretary General of the Name of the sports federation. The Petitioners are mere impostors who have been cheating several young athletes by taking tournament fees from them over the last one year.
42.The contents of paragraph 15 do not merit any response as the same are a matter of record.
43.The contents of paragraph 16 are denied in toto as the same are incorrect and misleading. Further, the contents of the preceding paragraphs are reiterated and sought to be relied upon. It is submitted that in all the records of the Name of the sports federation maintained with the various authorities, Respondent No. 2 is shown as the President of the Name of the sports federation.
44.The contents of paragraph 17 are denied in toto as the same are incorrect and misleading. Further, the contents of the preceding paragraphs are reiterated and sought to be relied upon. It is reiterated that Respondent No. 3 continues to be the Secretary General of the Name of the sports federation, and that the purported letter of suspension dated Details issued by the erstwhile Vice-President was non-est and void ab initio.
45.The contents of paragraph 18 are denied in toto as the same are incorrect and misleading. Further, the contents of the preceding paragraphs are reiterated and sought to be relied upon. It is submitted that Respondent No. 4 issued the Impugned Letter dated Details only after perusing the relevant documents submitted to it by the Name of the sports federation.
46.The "Brief Facts" stated in paragraph 19 are denied in toto. It is submitted that the correct sequence of events has been set out in paragraph 4 herein, and that the "Brief Facts" stated by the Petitioners in the writ petition conceal several material documents. It is further submitted that all the letters referred to in paragraph 19, which have been purportedly issued by the Petitioners or by the Name of the sports federation, i.e. by the erstwhile Vice-President, are denied in toto as being non est and void ab initio, and it is accordingly the humble prayer of Respondent No. 2 that all the said letters and communications be disregarded in their entirety.
47.The contents of paragraph 20 are denied in toto as the same are incorrect and misleading and contain mere bald allegations. Further, the contents of the preceding paragraphs are reiterated and sought to be relied upon.
48.The contents of paragraph 21 are denied in toto as the same are incorrect and misleading and contain mere bald allegations. Further, the contents of the preceding paragraphs are reiterated and sought to be relied upon. It is reiterated that the Petitioners are impostors who are misusing the name and logo of the Name of the sports federation to cheat and deceive the public at large. It is for this reason that Respondent No. 1 did not accept the entries sent by the Petitioners for the Khelo India Youth Games, Details. It was only the players who participated in the National Championships and other tournaments conducted under the leadership of Respondents No. 2 and 3 who were permitted to participate in the said Games.
49.The contents of paragraph 22 are denied in toto as the same are incorrect and misleading and contain mere bald allegations.
PARAWISE REPLY TO GROUNDS:
50.The contents of all the grounds raised by the Petitioners are denied in toto as the same are incorrect and misleading and contain mere bald and mala fide allegations. Further, the contents of the preceding paragraphs are reiterated and sought to be relied upon. It is reiterated that the present writ petition is not maintainable and that none of the reliefs sought by the Petitioners in the present writ petition can be granted. Without prejudice to the same, the answering Respondent hereby gives its para-wise response to the grounds.
51.Further, at the outset, it is submitted that the grounds raised by the Petitioners are nothing but a mere reiteration and repetition of the multifarious bald and baseless allegations made by the Petitioners in the preceding paragraphs, and hence the same ought to be disregarded.
52.The contents of Ground A are denied in toto as the same are incorrect and misleading. Further, the contents of the preceding paragraphs are reiterated and sought to be relied upon. It is submitted that the averments in Ground A are self-contradictory, as the Petitioners have themselves prayed to this Hon'ble Court, by virtue of the present writ petition, to recognise them as the President and Secretary General of the Name of the sports federation. The kind attention of this Hon'ble Court is drawn to prayers (j) and (k) sought in the present writ petition. Having sought the said prayers, it defies logic as to how the Petitioners can aver in Ground A that they are the recognised and duly elected office bearers of the Name of the sports federation.
53.The contents of Grounds B and C are denied in toto as the same are incorrect and misleading. It is submitted that the administration of Details is being run smoothly under the leadership of Respondent Nos. 2 and 3. In fact, it is the Petitioners who are regularly misusing the name and logo of the Details to deceive and cheat young athletes across the country.
54.The contents of Ground D are denied in toto as the same are bald, baseless and devoid of any material particulars. The Impugned Order dated Impugned Order date is reasoned and clearly states that the representations of the Petitioner were without any documentary proof and also contained bald allegations. Further, it is pertinent to note that the Impugned Order pertains only to the post of President of Details and hence has nothing whatsoever to do with Respondent No. 3, who is the Secretary General of Details. It is reiterated that Respondent No. 3 has been wrongly arrayed as a respondent in the present petition and hence deserves to be deleted from the array of parties.
55.The contents of Ground E are denied in toto as being bald, baseless and devoid of any material particulars.
56.The contents of Ground F are denied in toto as being false, misleading and having been made by concealing material facts. It is submitted that in the said Extension Meeting dated Extension Meeting date, the Executive Council of the Details merely proposed the name of Respondent No. 2 for the post of President of Details. Notably, on Extension Meeting date itself, Retd. Justice Name of retired Justice appointed as Returning Officer was appointed as the Returning Officer for conducting the by-election for the vacant post of President of Details, and it was only after Respondent No. 2 participated in the said process that the Returning Officer declared Respondent No. 2 as having won the said by-election unopposed. Pertinently, despite attending the said meeting held on Extension Meeting date and despite having the minutes thereof in his possession, Petitioner No. 1 has concealed the same from this Hon’ble Court.
57.The contents of Ground G are denied in toto as being false and incorrect. The answering Respondents seek to draw the attention of this Hon’ble Court to Rule 27 of the MOA and Rules and Regulations of the Details, which pertains to Vacancies as they existed at that point in time. It is submitted that as per Rule 27(b), an office of Details shall fall vacant in the event of resignation only once the Executive Council accepts the resignation of the said office bearer. Thereafter, under Rule 27(d), the said vacant post can be filled up by the Executive Council and, if deemed necessary, an election can be called. It is submitted that in compliance with the said procedure stipulated in the MOA and Rules and Regulations of the Details, the Executive Council, in its meeting held on Date of Executive Council meeting accepting resignation, accepted the resignation and declared by-elections for the resultant vacant post of President of Details forthwith. Thus, the by-election of Respondent No. 2 was conducted in complete compliance with the MOA and Rules and Regulations of Details.
58.The contents of Grounds H, I, J and K are denied in toto as being false and incorrect. It is submitted that the mere tendering of the resignation letter by Erstwhile President's name did not amount to a vacancy in the post of President of Details. Rule 27(b) of the MOA and Rules and Regulations clearly stipulates that a vacancy shall arise only when the said resignation is accepted by the Executive Council. Notably, the resignation of Erstwhile President's name was not accepted till Date of acceptance of resignation, and hence there was no occasion for the erstwhile Senior Vice President to step into the shoes of the President of Details. It is submitted that the erstwhile Senior Vice President, driven by a desire for power, maliciously and illegally started calling himself the Working President with utmost disregard for the procedure laid down in the MOA and Rules and Regulations of the Details. It is further submitted that the allegations levelled herein have no bearing whatsoever on the issues raised in the present case, as the by-election process was initiated in the meeting held on Date of meeting initiating by-election process and the same had nothing whatsoever to do with the Extension Meeting held on Extension Meeting date. It is reiterated that the said Extension Meeting held on Extension Meeting date was a mere extension of the Executive Council Meeting held on Date of Executive Council Meeting, the minutes of which the Petitioners have clandestinely concealed despite being in possession of the same. Further, the contents of the preceding paragraphs are sought to be reiterated and relied upon.
59.The contents of Grounds L, M, N, O, P, Q and R do not merit a separate response as the same have been answered in the preceding paragraphs. The contents of the preceding paragraphs are sought to be reiterated and relied upon. Additionally, it is submitted that any allegation pertaining to the violation of the MOA and Rules and Regulations of the Details during the by-election process ought not to be entered into by this Hon’ble Court in a writ petition under Article 226 of the Constitution of India. The said issue is purely a civil dispute, for which the correct remedy is an election petition in the form of a civil suit before the jurisdictional court of law.
60.The contents of Ground T are denied in toto as being misleading and incorrect. It is submitted that Clause 3.2 contemplates only those elections which are conducted during the normal course of business. It is submitted that the election for the vacant post of the President of Details came into picture only due to the sudden and unforeseen resignation tendered by the erstwhile President, Erstwhile President's name. It was only in the said special circumstance that the Details undertook a transparent and democratic process for filling up a vacancy by duly following the process stipulated in its MOA and Rules and Regulations and also the Sports Code.
61.The contents of Grounds U and V are denied in toto as being grossly false and misleading and having been made in complete suppression of material facts. It is reiterated that the by-election process for the post of President of Details, wherein Respondent No. 2 was declared as the winner, was conducted by following every single step contemplated in the MOA and Rules and Regulations of Details, and also the Election Guidelines appended to the National Sports Code. The same is evident from the detailed documents issued by the Returning Officer during the by-election process, which were also submitted to Respondent No. 1.
62.The contents of Ground W do not merit a separate response as the same have been answered in the preceding paragraphs. It is reiterated that a transparent and democratic by-election process was conducted by the Returning Officer, wherein Respondent No. 2 was elected as the President of Details unopposed. It is humbly submitted that Petitioner No. 1 was aware of the entire process taking place and did not raise any objection whatsoever at that point in time. Despite having personal knowledge of all these facts, Petitioner No. 1 has deliberately concealed the said facts from this Hon’ble Court in order to mislead this Hon’ble Court into believing that Respondent No. 2 was ‘nominated’ and not ‘elected’ to the post of President of Details.
63.The contents of Grounds X and Y are denied in toto as being false and misleading. It is humbly submitted that the nomination paper filed by Respondent No. 2 was duly examined by the Returning Officer, Returning Officer's name, and the same was found to be valid by him. It was only after carrying out the said exercise that the Returning Officer continued with the by-election process.
64.The contents of Ground Z are denied in toto as being false and misleading. The contents of the preceding paragraphs are sought to be relied upon. Additionally, it is pertinent to draw the attention of this Hon’ble Court to the fact that Respondent No. 2 is a representative of the Name of association represented by Respondent No. 2.
65.The contents of Ground AA do not merit a separate response, as the same stand answered in the preceding paragraphs. Further, the contents of the preceding paragraphs are sought to be reiterated and relied upon.
66.The contents of Grounds BB, CC, DD, EE, FF and GG are denied in toto as being false, baseless, bald and misleading. It is submitted that the Impugned Order was passed by Respondent No. 1 after affording ample opportunity of hearing to the Petitioners. It is submitted that the Impugned Order dated Details clearly records that the representations of the Petitioners contained mere bald allegations and were not supported by any documentary evidence. The fact that the Petitioners' representations were without documentary proof is evident from a bare perusal of the said representations, which do nothing more than narrate cooked-up and malicious allegations against Respondents No. 2 and 3. It is further pertinent to draw the attention of this Hon'ble Court to the fact that the members who were not permitted to vote in the by-election of Respondent No. 2 were those who had not submitted their 'Conflict of Interest' Affidavit as mandated by the General Body and the Executive Council of Details. The said Affidavit was sought from the members because, as per Clause 3.6 of Annexure II to the Sports Code, an office bearer shall not simultaneously hold office in any other National Federation. Allowing persons who were in violation of the said Clause to participate in the by-election process would have risked and jeopardised the recognition of the Details itself. Moreover, till date, none of the said Number of members disqualified from voting members has challenged or disputed the fact that their names were not included in the Electoral College list. Thus, the Petitioners cannot raise the said allegation at this belated stage. The Electoral College list prepared for the by-election of Respondent No. 2 was drawn up in due compliance with the decisions taken in the Executive Council meetings of the Details held on Details, wherein it was clearly resolved that members who did not submit the 'Conflict of Interest' Affidavit would not be permitted to participate in the by-election for the post of President of Details.
67.The contents of Grounds II and JJ are denied in toto as being false and misleading. It is humbly submitted that the sporting discipline of Yogasana is distinct from the general discipline of Yoga. The Details has been tasked by Respondent No. 1 and the Ministry of AYUSH, Government of India, with creating and popularising an entirely new, indigenously created sport of Yogasana. The current officials of the Details have, in fact, innovated a new sport of Yogasana by devising a new point system and a competition format. It is in light of these special circumstances that Respondent No. 2 submits that the case of the sport of Yogasana and the Details ought to be treated with different yardsticks as compared to those applicable to pre-existing sporting disciplines and their respective national federations. It is submitted that at the time of the by-election of Respondent No. 2, the Details was in the process of granting permanent affiliation to state units. The Details, being an entirely new sporting discipline, was also faced with the task of setting up, promoting and nurturing state-level associations which would deal solely with the sporting discipline of Yogasana. Without prejudice to the aforesaid, it is reiterated that non-compliance with the Sports Code cannot be a ground for nullification of the by-election of an office bearer of the Details; the same can only entail the consequences of non-compliance stipulated in the Sports Code. It is further submitted that the Election Guidelines annexed to the Sports Code were not applicable to a by-election held in the case of a vacancy, as the said Guidelines pertain only to general elections of all office bearers. It is submitted that the Sports Code is silent as to how vacancies in the offices of the Details ought to be filled. Thus, in the absence of any provision in the Sports Code catering to vacancies, it is humbly submitted that any vacancy in the office of the Details ought to be filled in accordance with the concerned Details's Constitution/MOA/Rules and Regulations. It is submitted that as per Clause 27 of the MOA and Rules and Regulations of the Details, there was no requirement to conduct an election for filling the vacancy in the office of the President of the Details. However, in order to maintain utmost transparency and to ensure democracy, the by-election process was carried out by the Details for filling the vacancy in the post of President of the Details. Therefore, the by-election of Respondent No. 2 cannot be set aside in the present proceedings.
68.The contents of Grounds KK, LL and NN are denied in toto as being false and incorrect. The Petitioners have concealed all the forms issued by the Returning Officer during the course of the by-election for the post of President of the Details. A bare perusal of the said forms would demonstrate that they are in compliance with the Sports Code. The said forms were duly submitted by the Details to Respondent No. 1, and it was only after perusing the same that Respondent No. 1 recorded the name of Respondent No. 2 as the President of the Details in its records.
69.The contents of Ground MM are denied in toto as being grossly false and misleading. It is reiterated that Respondent No. 2 is a representative of the Name of the state association represented by Respondent No. 2, which is a member state association of the Details.
70.The contents of Ground OO are denied in toto as being false and misleading. It is submitted that there is no bar, either under the Sports Code or under the MOA and Rules and Regulations of the Details or of the International federation name, against holding simultaneous posts in the World Body and the National Body. Moreover, it is reiterated that the sporting discipline of Yogasana is being created as an indigenous sport of India, for which Respondent No. 1, in consultation with the Ministry of AYUSH, has set up the Details. It is submitted that Respondents No. 2 and 3, being experts in their respective fields, are working tirelessly to create an administrative structure and system similar to that existing in other pre-existing sporting disciplines. In order to achieve the said objective, Respondents No. 2 and 3 are contributing tirelessly at the national as well as the international level. It is further submitted that the Government of India and its various ministries recognise the International federation name as the apex international body for governing and regulating the sporting discipline of Yogasana.
71.The contents of Ground PP merit no separate response, as the same have been answered in the preceding paragraphs. The contents of the paragraphs hereinabove are sought to be reiterated and relied upon.
72.The contents of Grounds QQ, RR and SS merit no separate response, as the same have been answered in the preceding paragraphs. The contents of the paragraphs hereinabove are sought to be reiterated and relied upon. It is reiterated that, since Petitioner No. 1 had been terminated from his post in the Details and Petitioner No. 2 was not even a part of the administrative set-up of the sport of Yogasana, the said letters invoking arbitration were meaningless and were non est and void ab initio.
73.The contents of Ground TT merit no separate response, as the same have been answered in the preceding paragraphs. The contents of the paragraphs hereinabove are sought to be reiterated and relied upon.
74.The contents of Ground UU merit no separate response, as the same have been answered in the preceding paragraphs. The contents of the paragraphs hereinabove are sought to be reiterated and relied upon. It is submitted that the issues raised in the ground under reply cannot be adjudicated in a writ petition under Article 226 of the Constitution of India. In order to agitate the said issues, the Petitioners ought to have filed appropriate civil proceedings before the court of competent jurisdiction.
75.The contents of ground VV are denied in toto as containing mere bald, baseless, misleading and mala fide allegations.
76.The contents of ground WW are denied in toto as being false and incorrect. It is submitted that being the governing body of the Details, the presence of the observer of the world federation and its subsequent approval have a material bearing on the sanctity and validity of the by-election process and the result thereof. It is of paramount importance that a national federation must conduct its by-elections or routine elections in complete compliance with the mandates of the world federation, failing which the national federation may be suspended or de-recognised.
77.The contents of ground Details, YY and ZZ are denied in toto as containing mere bald, baseless, misleading and mala fide allegations, which are devoid of any material particulars or reasons.
78.The contents of ground AAA are denied in toto as being false and incorrect. It is reiterated that the alleged suspension letter dated Suspension letter date issued by the power-hungry erstwhile Senior Vice President had no legs to stand, as the same was issued without any authority and lacked legal sanctity. The said letter dated Suspension letter date is non est and void ab initio. Notably, even the International federation name, vide its email dated International federation email date, found the actions of the erstwhile Senior Vice President to be illegal and stated that he did not have the power to issue any such directions. Respondent No. 2, who was the President at the relevant point in time, also found the said letter to be of no force and devoid of any authority.
79.The contents of ground BBB are denied in toto as being false and incorrect. It is submitted that there is no conflict whatsoever between the Impugned Orders and the MOA and Rules and Regulations of the Details. It is reiterated that the Impugned Order dated First impugned order date was issued by Respondent No. 1 only in order to comply with the orders passed by this Hon'ble Court, and that the Impugned Order dated Second impugned order date was issued only to record that the by-election result of Respondent No. 2 was taken on record by Respondent No. 1.
80.In the humble submission of the answering Respondent, the contents of ground CCC are incorrectly phrased and hence do not merit any response, being without any meaning.
81.The contents of ground DDD are denied because there was no occasion for Respondent No. 3 to challenge the purported letter dated Purported letter date, as the same was non est and void ab initio. Moreover, Respondent No. 3 raised the issue of the said letter in the meetings of the Executive Council and the General Body of Details, and the same was found to have been illegal. It is further reiterated that even the World Federation had found the said letter to be illegal.
82.The contents of ground EEE are denied in toto as containing mere bald, baseless, misleading and mala fide allegations, which are devoid of any material particulars or reasons.
83.The contents of grounds FFF, GGG, HHH, III and JJJ are a mere repetition of the grounds raised earlier and hence do not merit a separate response. The contents of the preceding paragraphs are sought to be reiterated and relied upon. It is reiterated that Respondent No. 4 had passed the impugned letter dated Respondent No. 4 impugned letter date only after considering all the material placed before it.
84.The contents of ground KKK are denied in toto as being false and misleading. It is submitted that the Petitioners are mere imposters who are pretending to be office bearers of the Details, are cheating and deceiving the public at large, and are also clandestinely taking money from young athletes.
85.The contents of ground LLL merit no separate response, as the same do not pertain to the answering Respondent.
86.The contents of ground MMM are of no relevance, as the said Games have already concluded.
87.The contents of ground NNN merit no separate response.
88.The contents of paragraph 23 are denied, and it is reiterated that this Hon'ble Court does not have the jurisdiction to deal with an election petition under Article 226 of the Constitution of India. The answering Respondent has dealt with this issue in the previous paragraphs, and hence the contents therein are sought to be relied upon and are not being reiterated for the sake of brevity.
89.The contents of paragraphs 24 and 25 do not merit any separate response.
90.The contents of paragraph 26 are denied. It is reiterated that the present petition has been filed by the Petitioners by grossly concealing material documents from this Hon'ble Court. The Petitioners have approached this Hon'ble Court with unclean hands and hence are not entitled to any equitable or discretionary relief. The present writ petition is therefore liable to be dismissed with heavy costs upon the Petitioners.
91.It is reiterated that the prayers sought by the Petitioner cannot be granted by this Hon'ble Court in a writ petition under Article 226 of the Constitution of India. The correct remedy for seeking the said reliefs is the filing of an ordinary civil suit before the jurisdictional court of law. Therefore, the present writ petition is liable to be dismissed.
92.In the light of the aforesaid facts and circumstances, it is most respectfully prayed that this Hon'ble Court may be pleased to dismiss W.P. (C) No. Writ petition case number of Details, along with all the applications filed by the Petitioners therein, and/or pass such other or further order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
Filed byRespondent No. 2
Place: Place of filingThrough
Date: Date of filingAdvocate name
Advocate