Dismissed

Maharashtra Amateur Gymnastics Association & Ors. v. Gymnastics Federation of India & Ors.

Delhi HC30 Oct 2019W.P.(C)/11314/2019

Case brief

AI extract

What is this about?

Writ petition seeking quashing of nomination of respondent officials was dismissed as withdrawn after the respondents undertook not to participate in upcoming elections. Court reserved all contentions for Charity Commissioner.

What did the court decide?

Petition dismissed as withdrawn; Court reserved all contentions for Deputy Charity Commissioner.

Maharashtra Amateur Gymnastics Association & Ors. Vs… — Service and Employment | Delhi HC (2019)

¶1

$~14

¶2

* IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- W.P.(C) 11314/2019 & CM APPL. 46574/2019 (stay)

¶4

MAHARASHTRA AMATEUR GYMNASTICS ASSOCIATION & ORS ..... Petitioner Through: Mr.Samrat Nigam with Mr.Abhimanyu Walia and Mr.Shaurya Kuthiala, Advocates.

¶5

versus

¶6

GYMNASTICS FEDERATION OF INDIA & ORS ..... Respondents Through: Mr.Ruchir Mishra with Mr.Sanjiv Kr.Saxena, Mr.M.K.Tiwari, Mr.Ramneek Mishra and

¶7

Mr.Abhishek Rana, Advocates for R- 2 to 4.

¶8

Mr.Santosh Kumar with Mr.Rajiv R.Mishra and Ms.Suruchi Yadav, Advocates for R-6 &7.

¶9

CORAM:

¶10

HON'BLE MR. JUSTICE SANJEEV SACHDEVA O R D E R

¶11

% 30.10.2019

¶12

Petitioner seeks quashing of communication dated 01.10.2019 whereby the Returning Officer has decided to include the names of respondent Nos.6 & 7 as the nominees of the Maharashtra Amateur Gymnastics Association.

¶13

It is contended by learned counsel for the petitioner that the petitioners Nos.2 & 3 are the elected representatives of the Maharashtra Amateur Gymnastics Association which has been recognised by the Gymnastics Federation of India and the Gymnastics

¶14

W.P.(C) 11314/2019

¶15

Page 1

¶16

Federation of India has also taken a view that respondent Nos.6 & 7 are not the elected representatives of Maharashtra Amateur Gymnastics Association. He submits that contrary to the records and decision of Gymnastics Federation of India, respondent No.3 has included the names of respondent Nos.6 & 7 as the nominees of Maharashtra Amateur Gymnastics Association.

¶17

Learned counsel further submits that unless an Association is a recognised state association by Gymnastics Federation of India, same could not have been recognised by the Maharashtra Olympic Association.

¶18

Learned counsel for the petitioner submits that petitioner is not seeking any interdict on the elections but is only seeking that either the names of the petitioners Nos. 2 & 3 be included as the nominees of Maharashtra Amateur Gymnastics Association or in the alternative pending the dispute before the Deputy Charity Commissioner, Mumbai no individual should be permitted to represent the Maharashtra Amateur Gymnastics Association.

¶19

Learned counsel appearing for respondent Nos.6 & 7 submits that respondent Nos.6 & 7 were duly elected as the President and Secretary of the Petitioner No. 1 - Maharashtra Amateur Gymnastics Association in the election held on 09.06.2019 and their election has been duly recognized by the respondent no. 1/ Gymnastics Federation of India and Respondent no. 5 / Maharashtra Olympic Association.

¶20

W.P.(C) 11314/2019

¶21

Page 2

¶22

Learned counsel for respondent Nos. 6 & 7 concedes that the dispute with regard to the Executive Committee is pending before Deputy Charity Commissioner, Mumbai.

¶23

Learned counsel respondent Nos.6 & 7 under instructions undertakes that without prejudice respondent Nos. 6 & 7 would not cast their vote/participate in the ensuing election of Gymnastics Federation of India/Respondent No. 1 scheduled for 05.11.2019.

¶24

The undertaking is accepted.

¶25

In view of the above undertaking, learned counsel for the petitioner seeks leave to withdraw the petition.

¶26

The petition is accordingly dismissed as withdrawn.

¶27

It is clarified that this Court has neither considered nor commented upon the contentions of the petitioner no. 2 and 3 and respondent no. 6 and 7 or their right if any to represent respondent no. 1/Association and the same would be subject to decision of the Deputy Charity Commissioner, Mumbai. All rights and contentions of parties are reserved.

¶28

Order dasti under signature of the Court Master.

¶29

SANJEEV SACHDEVA, J

¶30

OCTOBER 30, 2019 ‘ rs’

¶31

W.P.(C) 11314/2019

¶32

Page 3

Maharashtra Amateur Gymnastics Association & Ors. v. Gymnastics Federation of India & Ors.

Case brief

What is this about?

What did the court decide?

Maharashtra Amateur Gymnastics Association & Ors. v. Gymnastics Federation of India & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Jaideep Chopra (Prop.M/S Riddhi Electrotech) . Vs Income Tax Officer, Ward 41(3),DELHI

Inspector Ram Lal Kaswan Vs Union of India & Ors.

Rashmi Nagia Vs Guru Gobind Singh Indraprastha University through the Registrar (Admissions) & Ors.

Vikram Singh and Ors. Vs Union of India and Ors.

9X Media Pvt. Ltd. and Ors. Vs Union of India and Anr.

Ashok Kumar Vs Delhi Disaster Management Authority & Ors.

Pallavika Adeshra Vs Union of India & Anr.

Mohammad Musthafa Vs Union of India & Anr.

Pratap Singh & Ors. Vs Niranjan Singh (Deceased) Thr Lrs

Shobha Singh (Deceased) Thr Lrs Vs Mahavir Singh

Mahender Behl Vs Tarun Rani

Laxmi Devi Vs Suresh Mendiratta

Dharam Pal Vs Bhagwan Singh

Khalid Kamal Alvi Vs Vijay Kumar Sachdev & Ors.