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2016 (3) TMI 1243
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.... and another vs. Shri Vagish Pathak and another" (for short "fourth petition") and CWP No.9256 of 2015 titled as "Netball Association of Chandigarh vs. Union of India and others" (for short "fifth petition"). The petitioner-Netball Association of Chandigarh (for short "NAC") is a member of the Netball Federation of India (for short "NFI") since 2002. NAC is a society registered under the Societies Registration Act, 1862, getting no funds from the Government and is aimed at to encourage, promote, control and regulate the game of netball. The controversy in the first petition started with a show cause notice dated 23.04.2013 issued by the NFI to Gurbir Singh Sandhu that while he was the President of the NFI, he did not submit the utilization certificate of the financial assistance of `25,95,427/- provided by the Ministry of Youth Affairs and Sports (for short "MYAS") for the preparation of Indian team for CWG-2010 for training program held in Sydney (Australia) from 12th February to 13th March, 2010, in the absence of which, the NFI was not getting the financial assistance from the MYAS. Thus, he was asked to show cause as to why the membership of the NAC may not be cancelled/t....
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....rious concessions from the Government. It is also averred in the reply that on 28.01.2013, MYAS wrote a letter to the Secretary of the NFI, endorsed to Gurbir Singh Sandhu, former President of the NFI, for early settlement of accounts. Gurbir Singh Sandhu, vide his letter dated 06.05.2013, forwarded the documents in respect of grants given to the NFI under the scheme for preparation of team for CWG-2010. The Utilization Certificate and the accounts etc., submitted by Gurbir Singh Sandhu, were examined in the Ministry and was requested vide letter dated 14.06.2013 to deposit the unspent amount of `78,500/- plus interest in the account of the Government and submit the original receipt(s)/vouchers of boarding, lodging and local conveyance, but neither Gurbir Singh Sandhu nor the NFI had returned the money to the Government. In the reply filed by respondents No.2 and 3, they reiterated the stand of maintaining the impugned order on the ground that Gurbir Singh Sandhu did not submit the Utilization Certificate and, therefore, the MYAS has refused them the grant. The petitioner has also filed rejoinder to the reply filed by respondents No.2 and 3, alleging that the allegations are ....
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....e of issuance of notice in the second petition, the following order was passed by this Court:- "Learned counsel for the petitioner relies upon the order dated 31.5.2013 passed by this Court in CWP No.12808 of 2013 filed by the present petitioners, whereby this Court stayed the operation of the order dated 19.5.2013, which was appended at Annexure P-8 in that writ petition and has been placed on record as Annexure P-5 in the present writ petition, to contend, inter alia, that the impugned order dated 2.10.2013 (Annexure P- 15) has been passed in most arbitrary manner. He also refers to page 139 of the paper-book to contend that alleged ex-parte enquiry even if was conducted and report thereof was submitted on 2.10.2013, the impugned order came to be passed on the same day and that too in a meeting of Executive Committee of National Federation of India, which comprises 30 members from all over India. The entire action has been initiated and concluded at the back of the petitioners, thereby glaringly violating the basic principle of natural justice. He also submits that the impugned order dated 2.10.2013 (Annexure P-15) is also derogatory to the above-said order dated 31.5.20....
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....ase are also complete. The fourth petition is filed for initiating contempt proceedings against Vagish Pathak and Hari Om Kaushik for the alleged willful disobedience of the order dated 06.12.2013 passed in the second petition and also for setting aside the order dated 14.12.2015. At the time of issuance of notice in this case, it was also ordered to be heard along with CWP No.26817 of 2013. In this case, it is averred that a meeting of the General Council of the NFI was held on 14.12.2013 at Tau Devi Lal Stadium, Gurgaon and since the suspension of the NAC had been stayed by this Court on both occasions but when Gurbir Singh Sandhu, as President of the NAC, went to attend the meeting, the alleged contemner asked him to leave the meeting on the premise that NAC had already been suspended. On 14.12.2013, Gurbir Singh Sandhu sent an e-mail to the NFI, reiterating the events which occurred during the meeting of 14.12.2013 but the respondents have not sent any reply to it. It is also averred that in the said meeting, not only Gurbir Singh Sandhu was removed but a life time ban was imposed upon him to take part in any activity of the netball game. On 07.01.2014, the respondents pe....
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....07.2015, an order was passed by this Court that the elections of the Netball Federation of India be not held till the next date of hearing. In this case also, replies have been filed and the pleadings are complete. From the resume of the aforesaid facts in all the five cases, it is clear that the NAC is the petitioner and basically the NFI is the respondent. Since all the petitions were ordered to be heard with each other when they were filed one after the other, therefore, these were heard together and are being decided by this common order. However, I would deal with every petition separately on the basis of the issue(s) involved therein. Starting with the first petition in which the NAC has challenged the order of its suspension dated 19.05.2013 on the ground that the erstwhile President of the NFI Gurbir Singh Sandhu did not submit the Utilization Certificate to the MYAS and hence, the NFI is not getting the financial assistance from the MYAS, as stated in the reply filed by the MYAS, it is alleged that the said Gurbir Singh Sandhu did not deposit the un-spent amount of `78,500/- out of allocated amount of `25,95,427/- for training of the Indian team at Sydney for CWG-201....
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.... with the rules of the Federation. 2. To appoint Sub-Committees. 3. To appoint auditors and fix their remuneration. 4. To adopt the annual report of the committee. 5. To adopt the audited statements of accounts. 6. To hold control and administer the funds and properties of the Federation. 7. To make and amend the rules of the Federation as and when considered necessary. 8. To make bye-laws in accordance with the rules of the federation as and when considered necessary and instructed by Inter-national Federation of Netball Associations. 9. To delegate its powers to the President who might delegate the same to any Sub-Committee or an individual at his/her discretion. 10. To consider and decide matters not covered by the rules of the Federation. 11. To appoint a paid Assistant Secretary, if necessary. 12. To take such steps as may be necessary or expedient to carry into effect the objects of the Federation. 13. To consider any resolution where of notice is given in writing to the secretary by any member at least fifteen clear days before the date of meeting. 14. To tran....
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.... own authority." Article 14 is about the right to appeal and is reproduced as under:- "Right of appeal a.) There shall be a right of appeal against any decision on any matter whatsoever of the Executive Committee to the Council. Any such appeal against a decision of the Executive Committee shall be heard at a meeting of the Council before an Appeal Committee of five persons. Such Appeal Committee shall be appointed by the Council from the persons present at the Council Meeting and who are not members of the same member association as the appellant or members of the Executive Committee. The decision of the Appeal Committee shall be deemed to be the decision of the Council and shall be final. b.) All Appeals shall be conducted in a fair and impartial manner, having regard to the principles of natural justice. All interested parties shall be entitled to be heard or to make written submissions, to cross examine any witness called and to be represented by legal counsel. The appellant shall open the appeal and call such evidence as he/she or it shall think fit. The Executive Committee shall then call such evidence as it thinks fit and the appellant shall the....
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....removed by two-third majority of those present at the relevant meeting of the Council. The power of suspension exercised by the Secretary General/respondent No.2 has to be confirmed by the Executive Committee or the Council in its next meeting, whereas there is no such confirmation conveyed to the petitioner as the entire action is alleged to have been taken in the meeting held on 14.05.2013. It is also stated that there is no such provision as per which the Executive Committee can decide to appoint the Ad-hoc Executive Committee of the petitioner. On merits, it is argued that the respondents have taken action against the petitioner for some alleged act of maleficence on the part of the erstwhile President of the NAC when he was the President of the NFI, which has no relation with the working of the NAC. Counsel for the respondents have argued that the writ petition is premature because the final decision regarding removal of the petitioner is under consideration and suspension of the Executive Committee is an interim measure. The petitioner has a right of appeal under Article 14 of the Bye-laws, therefore, the writ petition is not maintainable. In respect of the grounds taken i....
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....brought on record by the respondents that the action of suspension was further confirmed after it has been taken and there was any power to appoint Ad-hoc Executive Committee. As regards objection raised by the respondents that the petitioner should have file appeal under Article 14 of the Constitution of the NFI, it is suffice to mention that the said appeal could have been filed only when the action of suspension taken by the Executive Committee of the NFI was confirmed in the next meeting by the Executive Committee or the Council and in the absence of any such order having been passed, there was no occasion for the petitioner to file appeal. Thus, in these facts and circumstances, the first petition succeeds and the order of suspension of the petitioner dated 19.05.2013 is hereby quashed. The second petition is also against the order of suspension. The Disciplinary Committee was constituted by the NFI on the complaint made by Gaurav Malik and Sidhant Sehgal to look into the allegations in respect of the illegalities and irregularities committed during 29th and 30th Senior National Netball Championships by the NAC. The Disciplinary Committee placed its preliminary report....
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.... deal with the third petition which has been filed to challenge the power of amendment in the Constitution of the NFI and its Bye-laws. It is provided in Article 17 that any amendment to the Constitution or Bye-laws of the NFI may be proposed by a member Association with full membership or by the Executive Committee. The amendment may be made to the Constitution at any meeting of the Council by a two third majority of those present and entitled to vote, whereas the Bye-laws may be amended by a simple majority decision. Notice of the proposed amendments must be made, in writing, to the Honorary Secretary General of the Federation at least one year prior to the date of the Council meeting and at least nine months prior to the date of the meeting, the Honorary Secretary General shall circulate to all Member Association any proposed amendments to the Constitution or Bye-Laws. It is argued by learned counsel for the petitioners that the proposed amendment was never circulated to the members of the Federation, giving them nine months time. It is rather submitted that the material changes have been brought in the Constitution by amendments dated 30.03.2013 and 04.03.2014 by which the a....
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.... view of the decision taken in the first, second and the third petitions, the fourth petition has become redundant and the same is disposed of as such. As regards the fifth petition, the respondents have taken the impugned action on the basis of an order passed by Lalit Jeewani, Competition Director of the Netball Organization Committee. Despite asking repeatedly by the Court about the provisions under which the power has been exercised by Lalit Jeewani, no plausible answer has been given because the team was disqualified by Lalit Jeewani in terms of letter Annexure P-10 available on record. Moreover, in the Annual General Meeting of the NFI, the matter regarding disqualification/removal of the petitioner by Lalit Jeewani was not circulated as an agenda. It is argued by learned counsel for the petitioner that a member unit can be removed only in terms of Article 13 of the Constitution which have not been followed by the respondents, which provides that a member unit can be removed by the affirmative vote of two-third of those present at the relevant meeting of the council. The respondents have allegedly sent an e-mail dated 24.04.2015 to the petitioner, claiming that in th....