Manipur Olympic Association & Anr. vs Manipur Judo Association & 3 Ors.

A. Guneshwar Sharma, J

[1] Heard Mr. N. Ibotombi, learned senior counsel assisted by Mr. A. Rommel, learned counsel for the petitioners, Mr. N. Jotendro, learned senior counsel assisted by Mr. Murtaza Ahmed, learned counsel for respondent No. 1 and Mr. M. Rarry, learned senior counsel assisted by Ms. Nikita, learned counsel for respondent Nos. 2 to 4.

MC(Review Pet.) No. 1 of 2025 filed by the review petitioner for exemption from filing certified copy of the order dated 07.01.2025 passed in WP(C) No. 2 of 2025 is allowed with the direction , a certified copy may be deposited in the registry when the same is available.

[2] The review petitioners filed the present review petition with a leave to file review of the order dated 07.01.2025 passed by this Court in WP(C) No. 2 of 2025. The writ petition being WP(C) No. 2 of 2025 was listed during the vacation sitting on 07.01.2025 as there was urgency for selection of the players of various disciplines for the coming 38th National Games on the ground that due to non-finalization of the election of Manipur Olympic Association, necessary process for selection for participating players could not be done. The prayer is reproduced as:

“(i) Issue rule and call for records

(ii) to issue a writ in the nature of mandamus or any other appropriate writ of the like nature to the respondents for appointing/constituting an Adhoc Committee consisting of the Commissioner (Youth Affairs & Sports), Government of Manipur and the Director of Youths Affairs & Sports, Manipur for selection of players in connection with the upcoming 38th National Games of India to be held in the State of Uttarakhand w.e.f. 28th January, 2025 to 14th February, 2025 till the finalization of the pending writ petition being W.P (C) No. 68 of 2024 along with a M.C (W.P (C) No. 633 of 2024 in the larger interest of players.

or

direct the respondents to consider and dispose of the representation dated 2/1/2025 preferred before the Commissioner (Youth Affairs & Sports), Government of Manipur and the Director, Youth Affairs and Sports, within certain stipulated period” And

(iii) Pass any further order/orders, direction/directions as deem fit and proper under the facts and circumstances of the case.”

[3] The writ petition was filed in view of the pendency of WP(C) No. 68 of 2024 filed by the petitioners herein challenging the order dated 19.01.2024 issued by Registrar, Co-operative Society to conduct fresh election thereby nullifying the election held on 13.01.2024 for Manipur Olympic Association.

[4] In the circumstances and on the joint submissions of the learned counsel for the parties, this Court disposed of WP(C) No. 2 of 2025 with the following observations and directions:

“(i) A Committee consisting Administrative Secretary, YAS, and Director, YAS, Government of Manipur is constituted for the purpose of selecting player for participating in the 38th National Games to be held w.e.f. 28.01.2025 to 14.02.2025.

(ii) The ad-hoc Committee shall select players for participating in various disciplines by incorporating expert (s) for each discipline.

(iii) This arrangement is made in view of the pendency of WP(C) No. 68 of 2024.”

[5] Mr. N. Ibotombi, learned senior counsel for the review petitioners (Manipur Olympic Association), submits that the writ petition being WP(C) No. 2 of 2025 was filed by the Manipur Judo Association and this Court passed a direction for constituting an ad-hoc Committee for selection of players for all disciplines and it is pointed out that the Indian Olympic Association was not impleaded as one of the party respondents in WP(C) No. 2 of 2025. Learned senior counsel for the review petitioners has pointed out to the averment in para 23 of the review petition that Manipur Olympic Association has no role to play while selecting players for participating in 38th National Games and in case of dispute amongst the State Association, the Federation sometimes authorized the Manipur Olympic Association to select the players in the team events.

[6] Mr. N. Ibotombi, learned senior counsel, also draws the attention of this Court to Annexure-R/11 which is a letter dated 20.12.2024 issued by the Chairperson, GTCC, 38th National Games, Uttarakhand wherein it has been stipulated as:

National Sports Federations will provide the names of the qualified athletes, as per the guidelines of their respective sports, to the concerned State Sports Associations.

State Sports Associations will submit their entries, including the designated quota for athletes, coaches, managers, and support staff, to their respective State Olympic Associations.

State Olympic Associations will upload all entries to the designated portal within the stipulated timeline.

In the event that the SOAs fail to submit the entries within the given timeline, the GTCC reserves the right to delegate this responsibility to the NSFs to ensure adherence to deadlines.

[7] Mr. N. Ibotombi, learned senior counsel, submits that in view of the guidelines submitted by the organizing committee of the 38th National Games, the impugned order dated 07.01.2025 of constituting the ad-hoc committee would not have been passed as the same will be in violation of the guidelines issued by the Indian Olympic Association. Learned senior counsel also pointed out that the present office bearers appointed in the election held on 13.01.2024 are still shown in the website of the Indian Olympic Association. It is prayed that appropriate order may be passed for setting aside or recalling or modifying the impugned order dated 07.01.2025.

[8] Mr. N. Jotendro, learned senior counsel for respondent No. 1 herein (writ petitioner in WP(C) No. 2 of 2025 i.e. Manipur Judo Association) submits that the writ petition was filed as the State Government has not recognized the election result declared on 13.01.2024 and in order to protect the interest of the sportsperson in general and judo players in particular. Learned senior counsel further submits that in case the review petitioners have no role to play in the selection and the same is to be done by the national federation in terms of Annexure-R/11 and the said principle may be applicable to the judo discipline also.

[9] Mr. M. Rarry, learned senior counsel for the State respondents, submits that the State Government has not recognized the present office bearer of the Manipur Olympic Association as the election held in the year 2024 was conducted by the outgoing officials of the Manipur Olympic Association without any authority and vide order dated 19.01.2024 the Registrar of Societies, Manipur (respondent No. 4 herein) directed for holding fresh election. Learned senior counsel further submits that no leave for third party review petition has been filed by the review petitioners. Learned senior counsel further submits that the observation made by this Court in the present order shall prejudice the right of the parties in the pending WP(C) No. 64 of 2024 and also there is no mistake in the impugned order dated 07.01.2025.

[10] Mr. N. Ibotombi, learned senior counsel, clarifies that the impugned order would not have been passed if the review petitioners were impleaded as one of the parties in WP(C) No. 2 of 2025 and the fact that Manipur Olympic Association has no role in selection of the players could not be placed before this Court. It is pointed out that prayer No. 1 in the review petition is a leave to file the present review petition and there is no mandatory requirement of filing a separate application. Learned senior counsel further submits that upon passing of the interim order dated 29.01.2024 in WP(C) No. 68 of 2024 as on date, the purported election of office bearers of the Manipur Olympic Association still subsists and the legality or otherwise of the election will be a subject matter of WP(C) No. 68 of 2024.

[11] Leave Granted.

[12] This Court has considered the materials on record and the submissions made by the learned counsel for the parties.

[13] It is admitted fact that the terms of the office bearers of the governing body of the Manipur Olympic Association expired and after the expiry of the terms of the governing body of the earlier office bearer, the election of Manipur Olympic Association was declared on 13.01.2024 and the same was not recognized by the State Government vide order dated 19.01.2024 and directed to conduct a fresh election. The order dated 19.01.2024 issued by the Registrar of Societies, Manipur was stayed by this Court vide order dated 29.01.2024 in WP(C) No. 68 of 2024 and interim order is extended from time to time.

[14] This Court is of the opinion that the legality or otherwise of the election purportedly held on 13.01.2024 is the subject matter of the writ petition being WP(C) No. 68 of 2024. In the present petition the issue is for selecting and submitting the names of the players representing Manipur in the 38th National Games to be held in Uttarakhand from 28.01.2025 to 14.02.2025. Considering the submissions of the parties in WP(C) No. 2 of 2025, this Court passed the order dated 07.01.2025 constituting an ad-hoc committee consisting of the Administrative Secretary and Director of Youth Affairs and Sports, Government of Manipur along with special expert of each discipline and such direction was issued due to pendency of the writ petition being WP(C) No. 68 of 2024. However, on perusal of the letter dated 20.12.2024 issued by the Chairperson, GTCC, 38th National Games, Uttarakhand under the aegis of India Olympic Association, the National Sports Federations will provide the names of the qualified athletes, as per the guidelines of their respective sports, to the concerned State Sports Associations. State Sports Associations will submit their entries, including the designated quota for athletes, coaches, managers, and support staff, to their respective State Olympic Associations. State Olympic Associations will upload all entries to the designated portal within the stipulated timeline. In the event that the SOAs fail to submit the entries within the given timeline, the GTCC reserves the right to delegate this responsibility to the NSFs to ensure adherence to deadlines.

[15] On perusal of the guidelines issued by the Indian Olympic Association, the selection is to be done by the National Sports Federation on the basis of the existing guidelines and the names have to be informed to the State Association who will submit the same to the State Olympic Associations and the State Olympic Associations have to upload all the entries to the designated portal within the stipulated time. In view of the guidelines issued by the Indian Olympic Association, there is no requirement of any committee of selecting the sportspersons for participating in the 38th National Games and the purpose of constituting the ad-hoc committee vide order dated 07.01.2025 will amount to interfering the power of the National Sports Federation for selection of the players with respect to the State of Manipur.

[16] This fact is admitted by the review petitioners i.e. Manipur Olympic Association in para 23 of the review petition that MOA has no role in selecting the players for participating in the 38th National Games. It is further stated in para 23 that in case of dispute amongst the State Associations, the National Federations sometimes authorize the Manipur Olympic Association to select the players in the team events. In the website of the Indian Olympic Association, the name of the present governing body of the Manipur Olympic Association are still reflected and vide letter dated 07.01.2025, executive officer of the organizers of the National Games has invited office bearers of the governing body of MOA to attend the National Games.

[17] Without expressing any opinion on the legality of the elections of the governing body of Manipur Olympic Association as involved in WP(C) No. 68 of 2024 and without prejudice to the rights of the parties herein, this Court clarifies that there is no requirement of constitution of ad-hoc committee for selecting the players for the ensuing 38th National Games at Uttarakhand as the selection of the players is to be done strictly in terms of the guidelines issued by the Indian Olympic Association vide letter dated 20.12.2024 issued to all National Federations, State Olympic Association and others participating federation.

[18] This modification in the impugned order dated 07.01.2025 is based in view of the submissions of the Manipur Olympic Association that it has no role in the selection of the players for participating in the National Games and in case of dispute amongst the associations for selection of the players for team events sometime the power is delegated to MOA.

[19] With this observations, review petition is disposed of and the impugned order dated 07.01.2025 is accordingly modified.

[20] In view of the order passed in the main petition, MC(Review Pet.) No. 2 of 2025 is disposed of as infructuous.

[21] Furnish a copy of this order to the learned counsel for the parties during the course of the day.

[22] This Court appreciates the assistance given by the learned counsel appearing for the parties and official of the Registry for constituting special bench during vacation.