Dismissed

K E Prabhakar v. Andhra Kabaddi Association

Andhra Pradesh HC5 Dec 2023WA/439/2023

Case brief

AI extract

What is this about?

Writ Appeals arising from a Single Judge's order directing the Amateur Kabaddi Federation of India to reconsider office-bearer claims. The High Court, noting that the appellants challenging the Federation's decision had filed fresh writ petitions, disposed of the current appeals as their issues were sub judice, dismissing them without deciding the underlying merits.

What did the court decide?

Nothing new was granted; the appeals were dismissed as their substantive issues were sub judice in fresh proceedings W.P.Nos. 7822 of 2023 and 9604 of 2023.

K E Prabhakar Vs Andhra Kabaddi Association — Writ and Judicial Review | Andhra Pradesh HC (2023)

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IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI

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HON‟BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE

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HON‟BLE MR. JUSTICE R. RAGHUNANDAN RAO

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WRIT APPEAL Nos.439 & 468 of 2023

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W.A.No.439 of 2023

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Between:

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K.E. Prabhakar, S/o.K.V. Madanna, R/o.H.No.43/118, N.R. Peta, Kurnool, Kurnool District-518004 & another.

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… Appellants

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Versus

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Andhra Kabaddi Association, (Reg.No.115/2010) Rep.by its General Secretary, Father Name Yelamanchili Srikanth, S/o.Lakshmana Rao, Age 36 years, R/o.Yelamanchili Srikanth, S/o.H.No.2311, aged about 36 years, Occ: General Secretary, R/o.H.No.2311, Flat No.401, Saidurga Enclave, Saipuram Colony Road, One Centre, Gopapudi, Vijayawada, Andhra Pradesh & 4 others.

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…Respondents

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Counsel for the Appellants :Sri P.L.Narasimha Rao, rep.by Sri Akula Sri Krishna Sai Bhargav. Counsel for respondent No.1 :Sri Ghanta Sridhar Counsel for respondent No.2 : G.P for Sports Counsel for respondent No.3 : Standing Counsel for SAAP

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Counsel for respondent No.4 :Sri R. Sameer Ahmed Counsel for respondent No. 5 : Sri K. Srinivasa Rao

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W.A.No.468 of 2023

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Between:

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Andhra Kabaddi Association, (Reg.No.115/2010) Rep.by its President K.E. Prabhakar(Ex-MLC), Father Name: K.E. Madanna, Age 65 years, R/o.H.No.230, Kamalapadu Village, Krishnagiri Mandal, Kurnool District. …Appellant

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Versus

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State of Andhra Pradesh, Rep. by its Principal Secretary, Stamps and Registration Department, State Secretariat, Velagapudi, Amaravati, Guntur District & 3 others.

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…Respondents Counsel for the Appellant :Sri P.L.Narasimha Rao, rep.by Sri Akula Sri Krishna Sai Bhargav. Counsel for respondent Nos.1&2 :G.P for Stamps & Registration Counsel for respondent No.3 & 4 : Sri G.R. Sudhakar, rep. by a learned Senior Counsel Sri K.S. Murthy

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JUDGMENT

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Dt: 05.12.2023

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(per Hon‟ble Sri Justice R.Raghunandan Rao)

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HCJ&RRR,J W.A.Nos.439&468 of 2023

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Heard Sri P.L. Narasimha Rao represented by Sri Akula Sri Krishna Sai Bhargav, learned counsel for the appellants, Sri Ghanta Sridhar, learned counsel for respondent No.1, the learned Government Pleader for Sports appearing for respondent No.2, the learned Standing Counsel for SAAP, appearing for respondent No.3, Sri R. Sameer Ahmed learned counsel for respondent No.4, Sri K. Srinivasa Rao, learned counsel for respondent No.5 in W.A.No.439 of 2023 and Sri P.L. Narasimha Rao, rep. by Sri Akula Sri Krishna Sai Bhargav, learned counsel for the appellant, Government Pleader for Stamps & Registration, appearing for respondents 1 and 2 and Sri G.R. Sudhakar, represented by a learned Senior Counsel Sri K.S. Murthy, appearing for respondents 3 & 4 in W.P.No.468 of 2023.

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As these Writ Appeals arise out of a common order passed in W.P.No.924 of 2021 and W.P.No.20084 of 2020 dated 01.03.2023, they are being disposed of by way of this common order.

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There has been some litigation preceding the present round of litigation and the same requires to be noticed.

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A Society known as the „Andhra Kabaddi Association‟ was registered in Ananthapuram District, with the District Registrar, Ananthapuram with registration No.115/2010. This

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HCJ&RRR,J W.A.Nos.439&468 of 2023

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association is said to have had periodic elections and changes in management on various dates including 09.09.2015, 07.05.2018 and 07.09.2019 and these changes were duly recorded by the 2^nd respondent-District Registrar, Ananthapuram from time to time. A rival organization also named as Andhra Kabaddi Association was registered with the District Registrar, Krishna District with registration No.436/2018, by the 4^th respondent, in W.A.No.468 of 2023, along with others. It is alleged on both sides that there was a tussle for the management of the Andhra Kabaddi Association with Registration No.115 /2020 as this association was affiliated to the Amateur Kabaddi Federation of India (AKFI), New Delhi which is the body regulating the sport of Kabaddi in India. The disputes centered around the persons who could represent the State level Kabaddi Association in the elections which were being held for electing Office Bearers and for considering amendment to the Memorandum of Association of the Amateur Kabaddi Federation of India. In that view of the matter, there were various litigations including W.P.No.10431 of 2019, W.P.No.16899 of 2019 and W.P.No.46681 of 2018 which came to be disposed of by this Court.

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The sum and substance of these litigations, as observed earlier, was on the question of who would represent the sport of Kabaddi in the State, at the National level. Initially, the 4^th

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respondent who along with certain others, sought to be recognized as the persons who could represent the Andhra Kabaddi Association with Registration No.115 of 2010, was unsuccessful before the Amateur Kabaddi Federation of India. However, in the course of these disputes, Amateur Kabaddi Federation of India is said to have directed the office bearers of the Andhra Kabaddi Association (Registration No.115 of 2010) to conduct proper elections for the association, in line with the directions of the Hon‟ble High Court of Delhi in W.P.(C).4601 of 2013 dated 03.08.2018. These directions were passed on 17.01.2019.

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It appears that the group represented by the 4^th respondent, in W.P.No.924 of 2021, had moved W.P.No.46681 of 2018 before this Court, for a direction for conduct of elections in the Andhra Kabaddi Association (Registration No.115 of 2010) and consequent to the directions of this Court, such elections were held on 23.03.2019 under the supervision of a former Judge of this Court and one Sri G. Venkata Reddy had been elected as President and the 4^th respondent, in W.P.No.924 of 2021, was elected as the Secretary of the Association. The list of elected Office Bearers was then sent to the 2^nd respondent-Registrar and the same were entered into the relevant records. Thereafter, the persons, who are said to have been elected in the election held on 23.03.2019,

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HCJ&RRR,J W.A.Nos.439&468 of 2023

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approached the Sports Authority of Andhra Pradesh for grant of recognition, and, by a letter dated 10.07.2020, tentative recognition was granted. Thereafter, the persons, who are said to have been elected on 23.03.2019, approached the Amateur Kabaddi Federation of India, by a representation dated 13.07.2020 seeking substitution of the names of the previous Office Bearers with their names. However, this claim was rejected by an order dated 09.10.2020 which was the subject matter of W.P.No.20084 of 2020.

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The petitioners in W.P.No.924 of 2021, who were claiming to be the original Office Bearers of the Association and were continuing as such had sought to dispute the entries made by the District Registrar, Ananthapuram including the names of the 4^th respondent and his group of persons as Office Bearers of Association, on the basis of election said to have been held on 23.03.2019. However, the 2^nd respondent-District Registrar, Ananthapuram, by endorsement bearing No.G/648/2019 dated 03.11.2020, refused to remove these names. This proceeding is now challenged, by way of W.P.No.924 of 2021.

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These writ petitions were heard by a learned Single Judge who was pleased to hold that the writ petitioner in W.P.No.924 of 2021 could not contend that no directions were issued by this Court, in W.P.No.46681 of 2018 on 17.01.2019, to

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HCJ&RRR,J W.A.Nos.439&468 of 2023

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hold complaints under the supervision of a retired High Court Judge or a District Judge and accordingly, disposed of both the writ petitions with the following directions:

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“In view of the above, this Court believes that considering the directions given by the authority-AKFI on 17.01.2019 for the Andhra Kabaddi Association i.e., AKA with Reg.No.115/2010 has conducted elections and submitted electoral list of candidates to the authority. The authority has no option except to consider the same as per the records. In the said circumstances, the impugned order dated 09.10.2020 of the 4^th respondent-AKFI is set aside and directing the 4^th respondent not to continue any member pertaining to these Society with regard to the participation in the general elections to AKFI or any other purpose. Further, the petitioners in both the writ petitions, are given liberty to submit their claims before the authority along with original records within a period of two (02) weeks. The 4^th respondent-AKFI is directed to consider the record and take appropriate decision for including correct persons in the association within a period of two (02) weeks thereafter. It is needless to mention that the elections are to be conducted in confirmation with the Sports Code.”

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These directions are assailed by the writ petitioners in

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W.P.No.924 of 2021, in both these appeals.

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Sri A.S.K. Sai Bhargav, learned counsel for the appellant

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had raised various issues and grounds. However, Sri K.S. Murthy, the learned Senior Counsel appearing for the respondents had

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HCJ&RRR,J W.A.Nos.439&468 of 2023

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referred to the following facts which are germane to the issues at hand.

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The direction of the learned Single Judge was that the petitioners, in both the writ petitions, were to submit their claims before the Amateur Kabaddi Federation of India who would then consider the record and take appropriate decision for including correct persons in the Association. This order was passed on 01.03.2023. Thereupon, both sides approached the Amateur Kabaddi Federation of India raising their respective contentions as to their right to represent the State Body regulating Kabaddi in Andhra Pradesh. The appellants herein had submitted their contentions under a letter dated 12.03.2023. Thereafter, the Administrator, Amateur Kabaddi Federation of India had passed orders on 25.03.2023 essentially favouring the group represented by the 4^th respondent in W.P.No.924 of 2021. Aggrieved by these proceedings, the appellants herein had moved this Court, by way of W.P.No.7822 of 2023 on 27.03.2023. Interim order of Status-quo was obtained by the appellants, on 29.03.2023 for a period of one week. Thereafter, the group represented by the 4^th respondent representing the Andhra Kabaddi Association (Reg.No.115 of 2010) also approached this Court, by way of W.P.No.9604 of 2023 seeking directions to include their names along with the office bearers in the

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electoral rolls of the Amateur Kabaddi Federation of India. It is only after these proceedings had gone on that the present appeals were filed on 24.04.2023.

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In view of the fact that the directions of the learned Single Judge have been acted upon by the appellants and in view of the fact that the decision of the Administrator of the Amateur Kabaddi Federation of India has already been challenged before this Court, by way of fresh proceedings, it would only be appropriate to close these Writ Appeals leaving it open to the appellants to raise all their issues before this Court in the aforesaid Writ Petitions.

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Accordingly, both the Writ Appeals are dismissed. There shall be no order as to costs.

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As a sequel, pending miscellaneous petitions, if any, shall stand closed.

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DHIRAJ SINGH THAKUR, CJ R. RAGHUNANDAN RAO, J

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RJS

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HCJ&RRR,J W.A.Nos.439&468 of 2023

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HON‟BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE & HON‟BLE MR. JUSTICE R. RAGHUNANDAN RAO

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WRIT APPEAL Nos.439 & 468 of 2023

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(per Hon‟ble Sri Justice R. Raghunandan Rao)

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Dt: 05.12.2023

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RJS

K E Prabhakar v. Andhra Kabaddi Association

Case brief

What is this about?

What did the court decide?

K E Prabhakar v. Andhra Kabaddi Association

Case brief

What is this about?

What did the court decide?

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