Dismissed

Tamilnadu State Kho-Kho Assoc. v. the Union of India

Madras HC6 Jan 2022WP/3627/2014

Case brief

AI extract

What is this about?

Petitioner challenged the validity of elections in Kho-Kho Federation of India. Court held that electoral disputes require trial proceedings, not writ jurisdiction under Article 226. Further, the association is not a 'State' under Article 12. Petition dismissed as not entertainable.

What did the court decide?

Writ petition declared not entertainable; connected M.P. closed. No costs.

Tamilnadu State Kho-Kho Assoc. Vs the Union of India — Company and Corporate | Madras HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 06.01.2022

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CORAM

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THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

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W.P.NO.3627 OF 2014 AND M.P.NO.1 OF 2014

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The Tamil Nadu State Kho-Kho Association (Regd.) Represented by its General Secretary, K.Appavoo Pandian, S/o.Kandiah, Old No.56, New No.107, L.B.Road, Thiruvanmiyur, Chennai - 600 041. ... Petitioner .Vs.

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The Union of India, Rep. by its Secretary, The Ministry of Youth Affairs and Sports, Room No.504, 'B', Shasthiri Bhavan, New Delhi - 110 001.

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The Indian Olympic Association, Rep. by its Secretary General, Mr.Randhir Singh, Olympic Bhavan, 'B'-29, Qutub Institutional Area, New Delhi - 110 016.

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Kho-Kho Federation of India, Rep. by its General Secretary, Sampann Motors, 2820/19, Gurunanak Auto Market, Kashmiri Gate, Delhi - 110 006. 4. Rajeev Metha 5. Suresh Sharma ... Respondents

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https://hcservices.ecourts.gov.in/hcservices/

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PRAYER:-

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Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of Declaration, declaring that the election of the Office-bearers and the Members of the Executive Committee held in the Annual General Meeting of the Kho-Kho Federation of India held on 03-05-2013 at Lucknow, Uttar Pradesh as void and illegal.

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For Petitioner : Mr.S.Mahimai Raj

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O R D E R

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The relief sought for in the present writ petition is to declare that the election of the Office-bearers and the Members of the Executive Committee held in the Annual General Meeting of the Kho-Kho Federation of India held on 03-05-2013 at Lucknow, Uttar Pradesh as void and illegal.

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The Kho-Kho Association is a Society registered and its functions are based on the by-laws approved. In respect of the disputes in the matter of elections, the parties are bound to approach the competent Court of law for adjudication of disputed facts. Such trial natured adjudication cannot be undertaken in the writ proceedings under Article 226 of the Constitution of India. This apart, the Kho-Kho Association is not a 'State' within the meaning of Article 12 of the Constitution of India.

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Thus, the writ petition is not entertainable. Further more, the writ petition is filed in the year 2013 and the duration of the elected Office bearers would have completed by this time as per the by-laws. It is for the petitioner to work out his remedy in the manner known to law.

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With this liberty, the writ petition stands disposed of. No costs. consequently, connected miscellaneous petition is closed.

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Sd/-

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Assistant Registrar(CCC)

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//True Copy//

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Sub Assistant Registrar

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nti/gsk

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https://hcservices.ecourts.gov.in/hcservices/

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The Secretary, The Union of India,

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The Ministry of Youth Affairs and Sports, Room No.504, 'B', Shasthiri Bhavan, New Delhi- 110 001. 2. The Secretary General, The Indian Olympic Association, Mr.Randhir Singh, Olympic Bhavan, 'B'-29, Qutub Institutional Area, New Delhi - 110 016. 3. The General Secretary, Kho-Kho Federation of India, Sampann Motors, 2820/19, Gurunanak Auto Market, Kashmiri Gate, Delhi - 110 006.

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W.P.NO.3627 OF 2014 AND M.P.NO.1 OF 2014 PMK(CO) PBS/31/01/2022

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https://hcservices.ecourts.gov.in/hcservices/

Tamilnadu State Kho-Kho Assoc. v. the Union of India

Case brief

What is this about?

What did the court decide?

Tamilnadu State Kho-Kho Assoc. v. the Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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