Letters Patent Appeal dismissing a writ petition challenging the dismissal of an application for Supreme Court intervention in the election of Bihar Football Association office-bearers, holding the association is not a statutory body.
The Letters Patent Appeal was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1590 of 2011
In
Civil Writ Jurisdiction Case No. 12963 of 2010
====================================================== Surendra Singh Son Of Late Ram Prasad Singh Resident Of Village - Barahia, Ward No. 2, P.S. - Barahia, District - Lakhisarai Presently Holding The Post Of Secretary, District Football Association
.... .... Appellant/s
Versus
.... .... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Manish Kumar No-2
For the Respondent/s : Mr. Manoj Priaydarshi Sc17
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA
VERMA
and
HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER
(Per: HONOURABLE MR. JUSTICE PRAKASH CHANDRA VERMA)
Patna High Court LPA No.1590 of 2011 (6) dt.01-11-2012
2 / 2
6 01-11-2012
The writ petition was filed seeking direction to the Executive Committee/ Council of the Bihar Football Association for ensuring the holding of election of office bearers within the time framed as prescribed under the memorandum of Association. Strong reliance was placed by the learned counsel for the petitioner on the judgment of the Hon’ble Supreme Court in the case of Zee Telefilms Ltd. Vrs. Union of India and others (2005) 4 SCC 649.In that case Hon’ble Supreme Court held that the Board of Control for Cricket in India was amenable to writ jurisdiction of the Court in view of its activities which were in public domain affecting public rights.
So far as present case is concerned the dispute purely relates to Election of the office bearers of an Association which is not a statutory body. The ratio of the said judgment is not attracted in the present case. Therefore, the writ petition was rightly held not maintainable and the same was rightly dismissed.
Under the facts and circumstances of the case, it is open for the appellant to avail such remedy before the appropriate forum as may be available to him.
This appeal is dismissed.
(Prakash Chandra Verma, J)
(Jayanandan Singh, J)
Sudha/-
1 issue framed by the court
Whether the High Court has jurisdiction to intervene in the election dispute of a non-statutory football association invoking the ratio from Zee Telefilms Ltd.
Colour shows how this judgement treated each authority
Zee Telefilms Ltd. Vrs. Union of India and othersDistinguished¶27
Zee Telefilms Ltd. Vrs. Union of India and others (2005) 4 SCC 649 · Who else cites this
Surendra Singh
All India Football Federation
Bihar Football Association
Sri Arjun Bikram Shah
Sri Ijaz Hussain
State Of Bihar
Prakasha Chandra Verma
Jayanandan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
