Judgment:
1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W. P. (C) No. 2645 of 2013 HOCKEY JHARKHAND A REGISTERED SOCIETY DULY REGISTERED UNDER THE PROVISIONS OF THE SOCIETIES REGISTRATION ACT REPRESENTED THROUGH ITS GENERAL SECRETARY NAMELY MR. PEER MOHAMMED, S/O LATE FAZAL AHMAD HAVING ITS REGISTERED OFFICE AT: L.H.36, SANGA ROAD, SAKCHI, JAMSHEDPUR 831001 … … PETITIONER VERSUS1 THE UNION OF INDIA THROUGH ITS SECRETARY MINISTRY OF SPORTS AND YOUTH WELFARE, SHASTRI BHAWAN, P.O. CENTRAL DELHI, P.S. JAMA MASJID, NEW DELHI2 THE STATE OF JHARKHAND THROUGH ITS SECRETARY, DEPARTMENT OF ARTS, CULTURE, SPORTS AND YOUTH AFFAIRS, MDI BUILDING, P.O. DHURWA P.S. JAGANNATHPUR RANCHI 834004 3. HOCKEY INDIA THROUGH ITS PRESIDENT HAVING ITS OFFICE AT: OLYMPIC BHAWAN B29, KUTUB INSTITUTIONAL AREA, NEW DELHI16 4. SHRI SUDESH KUMAR MAHTO, S/O NOT KNOWN 5. MR. S.M. HASHMI, S/O. NOT KNOWN 6. SMT. SAVITRI PURTY, W/O. NOT KNOWN 7. MR. SURESH KUMAR, S/O. NOT KNOWN RESPONDENT NO.4 TO 7 ARE HAVING THEIR OFFICE AT: BIRSA MUNDA HOCKEY STADIUM, ASTRO TURF HOCKEY STADIUM, FIRST FLOOR, MORABADI, P.O. & P.S. MORABADI, RANCHI ..... … RESPONDENTS CORAM : HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR FOR THE PETITIONER : MR. SACHIN KR., ADV FOR THE STATE : MR. S.K. GAUTAM, JC to GPIV FOR THE UOI : MR. BINOD SINGH, CGSC11 Dated: 04th January, 2016 Per SHREE CHANDRASHEKHAR, J.
Seeking quashing of the list of members uploaded on the official website of “Hockey India” displaying the names of respondent nos.4 to 7 as officebearers of “Hockey Jharkhand”, the 2 present writ petition has been filed.
2. The learned counsel for the petitioner states that during the pendency of the writ petition, Bhola Nath Singh and Vijay Shankar Singh have been recognised as the President and the Secretary, respectively of “Hockey Jharkhand” and therefore, an interlocutory application being, I.A. No.4618 of 2015 has been filed for impleading the abovenamed two persons as respondent nos.9 and 10 and for quashing the list of members reflecting the name of Bhola Nath Singh and Vijay Shankar Singh as President and Secretary of “Hockey Jharkhand”. It is submitted that the “Hockey India” is funded by the Government of India and it has been brought under the purview of the Right to Information Act, 2005. The “Hockey Jharkhand” is a registered body, duly registered under the Societies Registration Act and therefore, any change in the constitution of “Hockey Jharkhand” can be effected only by the approval of the Inspector General of Registration. However, Mr. Narinder Batra, who is the Secretary General of the “Hockey India”, in a completely arbitrary manner has recognised different persons as the officebearers of “Hockey Jharkhand”. The action of “Hockey India” in recognising individuals as officebearers is contrary to the Byelaws of “Hockey Jharkhand”. On these grounds, the petitioner has sought quashing of the list of officebearers uploaded on the website of “Hockey India”. 3. In the writ petition, it has been asserted that “Hockey 3 Jharkhand” is registered under the Societies Registration Act, 1860 vide Certificate of Registration dated 26.05.2010. The “Hockey Jharkhand” has its own registered Byelaws which provides the manner of election of the officebearers. Under the Byelaws Mr. T.P. Sinha as the President, Mr. Harnam Singh as Vice President, Mr. Francis Xavier Soren as Vice President and Mr. Peer Mohammed as General Secretary were elected and the Committee had a tenure of 4 years. It is stated that “Hockey Jharkhand” has devoted its efforts for development of the game of Hockey in the State of Jharkhand. Vide letter dated 16.08.2009 seeking affiliation of “Hockey Jharkhand” under Shri T.P. Sinha, a request was made to “Hockey India” and the “Hockey India” granted affiliation. Subsequently, without issuing any notice and without following the procedure under the Byelaws of the “Hockey Jharkhand”, names of respondent nos.4 to 7 were uploaded on the website as officebearers of “Hockey Jharkhand”. As noticed above, subsequently, the names of proposed respondent nos.9 and 10 have also been put on the website. 4. In the writ petition, the petitioner has made the following prayers: (i) “For issuance of writ in the nature of a writ of certiorari to quash part of the list of the members unit uploaded on the official website of the HOCKEY INDIA wherein respondent no. 4 to 7 have been shown as officebearer of Hockey Jharkhand. 4 (ii) For issuance of a writ of mandamus commanding the respondents particularly respondent no.3 to show cause as to under what authority of Law the respondent no. 4 to 7 have been shown as representative of the petitioner Society and hold and declare that the action of the respondent no. 3 as illegal and arbitrary. (iii) For such other order/orders, direction/directions as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case”.
5. In the interlocutory application for amendment, the petitioner has sought amendment in the writ petition for impleading Bhola Nath Singh and Vijay Shankar Singh as respondent nos.9 and 10. The petitioner has made the following further prayers: (i) “For issuance of a writ of certiorari to quash the part of the list of members unit uploaded on the official website of Hockey India, wherein the proposed respondent No. 9 and 10 have been shown as President and Secretary of the Hockey Jharkhand. (ii) For a further direction upon the respondents particularly the Union of India to enquire into the conduct of Mr. Narendra Batra during his tenure as Secretary General of Hockey India, who has made Hockey India as his pocket organization and is bent upon to misuse his position as the cost of future of Hockey in India”. 6. A perusal of the writ petition makes it apparent that the grievance of the petitioner is that certain persons have been recognised as the officebearers of “Hockey Jharkhand”. Any 5 examination of the validity of the election of different persons as officebearers of “Hockey Jharkhand” would involve an enquiry on the facts whether those persons have been duly elected as officebearers of “Hockey Jharkhand” or not. The petitionerHockey Jharkhand has filed the present writ petition through one Peer Mohammed claiming himself as Secretary of the “Hockey Jharkhand” and, in the amendment application, it has been disclosed that one Vijay Shankar Singh has been recognised as the Secretary of “Hockey Jharkhand”. The facts narrated in the affidavits reveal the dispute in the “Hockey Jharkhand”. The dispute whether a person has been duly elected as officebearer of “Hockey Jharkhand” or not, is not an issue which can be adjudicated in a writ proceeding. The further grievance of the petitioner is against the alleged arbitrary action of Mr. Narinder Batra, who is the Secretary General of “Hockey India” however, except stating that he has made “Hockey India” his pocket organisation, nothing has been asserted by the petitioner which would disclose misuse of power by the said person. The “Hockey India” has not agitated the issue of the alleged arbitrary action of the said Mr. Narinder Batra. 7. Considering the aforesaid facts, I am of the definite opinion that the present writ petition involves serious disputed questions of fact which cannot be adjudicated in the present proceeding. The writ petition is liable to be dismissed and 6 accordingly, it is dismissed. I.A. No.4618 of 2015 also stands dismissed. (Shree Chandrashekhar, J.) R.K./N.A.F.R.