Dismissed

Binni T.R v. Kerala States Sports Council

Kerala HC8 Sept 2021WP(C)/10329/2018

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging the election and tenure of members of the Kerala State Sports Council. Finding a complex dispute of facts regarding the term of office and the requisite parties, the Court held that such questions require adjudication by a competent fact-finding court and refused to grant reliefs at this instance.

What the court decided

AI extract

Binni T.R Vs Kerala States Sports Council — Civil Procedure and Limitation | Kerala HC (2021)

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W. P. (C) No. 10329 of 2018 -1-

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY WEDNESDAY, THE 8^TH DAY OF SEPTEMBER 2021 / 17TH BHADRA,

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1943

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WP(C) NO. 10329 OF 2018

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PETITIONER/S:

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BINNI T.R AGED 43 YEARS, S/O. RAJAN, THARAYIL HOUSE, MOOTHAKUNNAM,ERNAKULAM DISTRICT - 683 516.

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BY ADVS. SRI.BABU KARUKAPADATH SRI.E.M.ABDUL KHADER SMT.AMRIN FATHIMA SRI.K.M.FAISAL KALAMASSERY SRI.MITHUN BABY JOHN SRI.RAHUL ROY SMT.M.A.VAHEEDA BABU SRI.P.U.VINOD KUMAR

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RESPONDENT/S:

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1 KERALA STATES SPORTS COUNCIL STATUE JUNCTION,PALAYAM, THIRUVANANTHAPURAM - 695 001,REPRESENTED BY ITS SECRETARY.

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2 THE ADMINISTRATIVE BOARD KERALA STATES SPORTS COUNCIL,STATUE JUNCTION,PALAYAM, THIRUVANANTHAPURAM - 695 001,REPRESENTED BY ITS SECRETARY.

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3 THE SECRETARY KERALA STATES SPORTS COUNCIL,STATUE JUNCTION,PALAYAM, THIRUVANANTHAPURAM - 695 001.

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4 S. RAJEEV MEMBER, KERALA STATES SPORTS COUNCIL,OFFICE OF THE KERALA STATE SPORTS COUNCIL,THIRUVANANTHAPURAM - 695 001.

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W. P. (C) No. 10329 of 2018 -2-

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5 P.J JOSEPH MEMBER, KERALA STATES SPORTS COUNCIL,OFFICE OF THE KERALA STATE SPORTS COUNCIL,THIRUVANANTHAPURAM - 695 001.

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6 K. VIJAYAKUMAR MEMBER, KERALA STATE SPORTS COUNCIL,OFFICE OF THE KERALA STATE SPORTS COUNCIL,THIRUVANANTHAPURAM - 695 001.

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7 PULLUVILA STANLY MEMBER, KERALA STATE SPORTS COUNCIL,PUTHOOR VEEDU, MRA 4TH LANE, THAMBURANMUKKU, VANCHIYUR P.O,THIRUVANANTHAPURAM - 695 035.

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8 M. VIJAYAKUMAR MEMBER, KERALA STATE SPORTS COUNCIL,OFFICE OF THE KERALA STATE SPORTS COUNCIL,THIRUVANANTHAPURAM - 695 001.

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9 K.M.A METHAR MEMBER, KERALA STATE SPORTS COUNCIL,OFFICE OF THE KERALA STATE SPORTS COUNCIL,THIRUVANANTHAPURAM - 695 001.

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10 P.J SUNNY MEMBER, KERALA STATE SPORTS COUNCIL,OFFICE OF THE KERALA STATE SPORTS COUNCIL,THIRUVANANTHAPURAM - 695 001.

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11 V.N PRASOOD MEMBER, KERALA STATE SPORTS COUNCIL,OFFICE OF THE KERALA STATE SPORTS COUNCIL,THIRUVANANTHAPURAM - 695 001.

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12 B.V AJITH LAL MEMBER, KERALA STATE SPORTS COUNCIL,OFFICE OF THE KERALA STATE SPORTS COUNCIL,THIRUVANANTHAPURAM - 695 001.

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13 VIDYADHARANPILLA MEMBER, KERALA STATE SPORTS COUNCIL,OFFICE OF THE KERALA STATE SPORTS COUNCIL,THIRUVANANTHAPURAM - 695 001. BY ADVS. SRI.M.ALFRED LIONEL WINSTON SMT.K.L.LAKSHMI RANI SMT.LATHA ANAND, SC, KERALA STATE SPORTS COUNCIL

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W. P. (C) No. 10329 of 2018 -3-

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J U D G M E N T

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Shaji P. Chaly, J.

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This writ petition is filed by the petitioner seeking the following reliefs:-

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“(i) Declare that, no person shall be entitled to be an elected member of the 1^st Respondent under Section 3 (3) of the Kerala Sports Act, 2000 for more than 3 consecutive terms in violation of Section 3(8) of the Act;

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(ii) Declare that the very constitution of the 1^st Respondent with the Respondents 4 to 13 and other persons, who are the elected members of the 1^st Respondent for more than 3 consecutive terms, and all the decisions taken by the 1^st Respondent with such persons as its members are illegal, void and ultra vires the Kerala Sports Act, 2000;

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(iii) Declare that the proposed general body of the 1^st Respondent Kerala Sports Council on 27/03/2018 on the basis of Exhibit-P1 and any other general body with the elected members of the 1^st Respondent for more than 3 consecutive terms is illegal and without jurisdiction or authority and void;

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(iv) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 1 to 3 to

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W. P. (C) No. 10329 of 2018 -4-

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remove all the persons in the general body of the 1^st Respondent continuing as elected member for more than 3 consecutive terms in violation of Section 3 (8) of the Kerala Sports Act, 2000 and to re-constitute the 1^st Respondent strictly in terms of Section 3 (3) of the Act read with Section 3(8) of the Act.”

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The subject issue relates to the election conducted to the Kerala State Sports Council. According to the petitioner, as per Section 3(3) of the Kerala Sports Act, 2000, the Kerala State Sports Council, i.e. the 1^st respondent, shall be constituted with elected members, i.e. one member each from each recognized State Sports Organizations. It is also the contention of the petitioner that as per Section 3(8) of the Kerala Sports Act, 2000, no person shall be elected as a member consecutively for more than three terms, which according to the petitioner, was made in order to avoid possible corruption and other illegal activities against the very interest of the sports and the Sports Council.

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The significant factual contention advanced by the petitioner is that even though the law being so, the Kerala State Sports Council was constituted with respondents 4 to 13, who have completed four terms and more, and even up to eight terms as elected members of the Kerala State Sports Council. Therefore, it is contended that the 1^st

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respondent has no authority to continue its functions without properly constituting it with one elected member each from each of the recognized State Sports Organization in terms of Section 3(3) and 3(8) of the Kerala Sports Act, 2000.

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It is further contended that the convening of the General Body meeting as per Ext. P1 communication dated 12.03.2018 by the 1^st respondent, who have completed more than three terms, including respondents 4 to 13, is totally illegal and arbitrary, and therefore, any decision that may be taken by the so called General Body on 27.03.2018, scheduled as per Ext. P1 or any other subsequent date, would be illegal and without authority or jurisdiction.

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The Sports Council, the Administrative Board of the Sports Council and the Secretary of the Sports Council, respondents1 to 3, have filed a joint counter affidavit refuting the allegations and demands raised by the petitioner. It is pointed out that the Kerala State Sports Council is constituted by the Government of Kerala by notification in exercise of the powers conferred under Section 3 of the Kerala Sports Act, 2000, and in the instant case, the Government of Kerala had issued necessary notification, including respondents 4, 5, 7, 10, 11 and 13 to the Kerala State Sports Council, as elected

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members of the recognized State Sports Organizations, whereas respondents 6, 8, 9 and 12 are not elected members of the Kerala State Sports Council. Further, respondent No. 5 is not continuing as an elected member in the Council from 2017-18 onwards. It is also pointed out that the constitution of the Kerala Sports Council is not done by the 1^st respondent, but by the Government of Kerala, and therefore, the writ petition is bad for non-joinder of the Government of Kerala.

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That apart, it is submitted that the Kerala State Sports Council and the Kerala Sports Council are two different distinct legal entities and with the coming into effect of the Kerala Sports Act, the Kerala Sports Council ceased to exist, and it is the paramount contention of the respondents that Section 3(8) of the Kerala Sports Act, 2000 provides that no person shall be elected as member for more than three terms and not consecutively more than three terms, as alleged by the petitioner.

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Before the Kerala Sports (Amendment) Act, 2015 came into force, i.e. on 18.09.2015, Section 3(8) of the Kerala Sports Act, 2000 provided that no person shall be elected as member consecutively for more than two terms, however, after the amendment, the consecutive

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two year terms has been dispensed with, and now as per Section 3(8), no person shall be elected as member for more than three terms.

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Therefore, according to the respondents, the three terms contemplated in Section 3(8) have not been completed till date and without understanding the true import of the provision, the petitioner has raised frivolous allegations about the functioning of respondents 4 to 13 as elected members of the Kerala State Sports Council.

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That apart, it is contended that the descriptions given by the petitioner in respect of the term of respondents 4 to 13 are absolutely without any basis, and quite contrary to what the petitioner has stated, it is submitted that respondents 6, 8, 9, 10 and 12 are not continuing as elected members of the Kerala State Sports Council, as on date. Further, it is submitted that only respondents, 4, 5, 7, 11 and 13 are presently the elected members of the recognized State Sports Associations in the Kerala State Sports Council and the details of the period of elected members namely 4, 5, 7, 11 and 13 are produced along with the counter affidavit and marked as Ext. R1(a).

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Further, it is submitted that Section 3(6) says that one term is for five years, which means if there is break between terms, then his

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election as a member of the Council was permitted before the amendment in 2015. The other contentions raised in regard to the illegality in the conduct of the election are all denied by the respondents.

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We have heard learned counsel for the petitioner Smt. Amrin Fathima and learned Standing Counsel for the Sports Council Smt. Latha Anand and perused the pleadings and materials on record.

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The discussion of facts made above would make it clear that the contentions raised by the petitioners are stoutly denied by the respondents and have produced Ext. R1(a) to establish that the election to the Sports Council was conducted in the year 2017-2018, in accordance with the provisions of the Sports Act, as amended. It is also submitted that certain of the members alleged to be in the Sports Council are not continuing as elected members in the Sports Council. It is further submitted that the term of office narrated by the petitioner in the writ petition, in respect of respondents 4 to 13, are totally incorrect and absolutely without any basis.

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Evidently, the term of the elected members of the Sports Council is only for a period of five years and the term is due to expire

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in the year 2022. The counter affidavit was filed by the Sports Council as early as on 06.04.2018 and no reply is filed by the petitioner to the counter affidavit, in spite of an elapse of more than three years.

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We are of the considered opinion that whatever contentions raised by the petitioner is stoutly refuted by the Sports Council and has also produced the details of term of office of the members evident from Ext. R1(a).

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In that view of the matter, it is clear that a complex situation arises and therefore a writ court exercising the power in a summary manner, may not be able to decipher the disputed questions of fact in the writ petition. The facts and circumstances contained in the writ petition and the counter affidavit filed by the Sports Council clearly demonstrates the situation of disputed facts, which in our considered opinion, could be only adjudicated by a fact finding competent court.

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Moreover, since there is no reply to the counter affidavit, it can only be presumed that the contentions raised in the counter affidavit by the Kerala State Sports Council is on the basis of the records maintained by the Sports Council. Above all, as we have pointed out above, the term is due to expire in a few months time. We

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are also conscious of the fact that if the relief sought for by the petitioner is granted at this distance of time, it would materially affect the decisions taken by the Sports Council during the last four years in order to carry out its administration, utilization of funds and management of the sports activities, which could in turn affect the sports men who have participated in various events on the basis of the selection conducted by the Kerala State Sports Council during the last four years. We are also of the considered opinion that the State was a necessary party to the proceedings in order to identify the truth of the allegations and in spite of the specific allegation made in the counter affidavit in regard to the non -joinder of a necessary party, petitioner has not cared to Implead the State nor to raise any objection to the said contention.

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In that view of the matter, we have no hesitation to hold that the petitioner is not entitled to get any reliefs as are sought for in the writ petition. However, we make it clear that when the election is conducted to the State Sports Council hereafter, it should be guided by the provisions of the Kerala Sports Act, 2000, as amended from time to time, and if there are any prohibitions with respect to the candidature and election of various recognized Sports Organizations,

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as regards term of elected members in the Sports Council, that shall be

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scrupulously and strictly followed.

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The writ petition is disposed of accordingly.

Sd/-

S. MANIKUMAR

CHIEF JUSTICE

Sd/-

SHAJI P. CHALY

JUDGE

///TRUE COPY/// P. A. TO JUDGE

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W. P. (C) No. 10329 of 2018 -12-

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APPENDIX OF WP(C) 10329/2018

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PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE NOTICE DATED 12/03/2018 ISSUED BY THE 1ST RESPONDENT CONVENING ITS GENERAL BODY WITH UNQUALIFIED PERSONS AS ITS MEMBERS.

Binni T.R v. Kerala States Sports Council

Case brief

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Binni T.R v. Kerala States Sports Council

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