Hockey Odisha vs Union Of India And Others

Arindam Sinha, J

Mr. Mohapatra, learned advocate appears on behalf of petitioner and files affidavit dated 28th September, 2022 of his client, stating on oath it had not elected to move the Delhi High Court for adding it as a party and thereby obtain relief to participate in ensuing election of Hockey India. He relies on disclosure in the affidavit being print of mail dated 21st September, 2022 obtained from the website of said Court, in entry-4 of which there is record of undertaking given by his client for withdrawal of the application.

He submits, at this point he has nothing further to add to his submissions recorded in order dated 9th September, 2022.

Mr. Parija, learned senior advocate led by Mr. Mishra, learned senior advocate appear on behalf of Hockey India. Mr. Parija hands up a compilation of documents with copy to Mr. Mohapatra. He refers to first document being Memorandum and Rules and Regulations of Hockey India. He submits, this and other documents stand disclosed in the counter. The rules were amended as on 29th January, 2021. Inter alia, rule A-3.12 mandates, decision of Hockey India to be binding upon all members of Hockey India. Under incidental objects, rule A-3.16 empowers his client take disciplinary action for not organizing competitions mandated by Hockey India. Prescribed consequences of disciplinary action on breach of rule A-3.16 are provided in rules 5.9.5 and 5.9.6. He submits, the particulars were required to be submitted by petitioner. He refers to rule 2.4.3 under heading defaulters and disaffiliation to submit, omission in this regard attracted consequence of disaffiliation.

He submits there was, inter alia, omission by petitioner in respect of conducting sporting activities in relation to Hockey. This was discovered by his client earlier and by letter dated 31st December, 2020, petitioner was relegated to be an associate member w.e.f. 1st January, 2021. This was not challenged by petitioner. As such, petitioner at present time, under any circumstances, cannot vote in the elections to Hockey India scheduled on 1st October, 2022.

On query from Court Mr. Parija draws attention to annexure R/2 series and S/2 series disclosed by paragraph 25 in the counter. Specific allegation is that required format for providing information on activities in relation to Hockey undertaken by since disaffiliated member petitioner, were not provided. Annexure R/2 series are documents furnished by petitioner and annexure S/2 series is the formant. Specific averment has been made that the information given by annexure R/2 series are not in conformity or compliance with the format by annexure S/2 series.

Court finds from paragraph-20 in the rejoinder, petitioner has made statements giving reasons for why certain activities could not be held. On query from Court regarding whether any action was taken by his client on being relegated to be an associate member, Mr. Mohapatra submits he needs to obtain instructions.

Mr. Rath, learned advocate appears on behalf of applicant Hockey Association of Odisha, wanting to intervene. He files affidavit dated 28th September, 2022 on leave obtained from Court and copy served to Mr. Mohapatra.

Adjournment is granted.

List on 10th October, 2022.

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