Bela M. Trivedi, J. - (1.) THE present revision petition has been filed by the petitioners under Section 35(2) of the Rajasthan Sports (Registration, recognition and Regulation of Associations) Act, 2005 (hereinafter referred to as 'the said Act') challenging the order dated 15.2.13 passed by the Appellate Authority & Principal Secretary Department of Youth Affairs & Sports, Government of Rajasthan, Secretariat, Jaipur (hereinafter referred to as 'the appellate authority') whereby the appellate authority has allowed the Appeal being No. P.13(13) Sports/2012 Jaipur filed by the respondent Nos. 1 to 4 and set aside the registration certificate dated 17.6.11 issued by the Registrar ((Institutions)), Jaipur.
(2.) THE facts in nutshell are that on an application being filed by the petitioners under Section 5 of the said Act, the Registrar, (Institutions) after holding inquiry had issued the registration certificate dated 17.6.11 registering the Association named "Jaipur Zila Football Association, Jaipur" under the provisions of the said Act. The respondent Nos. 1 to 4 lodged a complaint before the Registrar, (Institutions) alleging inter alia that the said certificate dated 17.6.11 issued to the Jaipur District Football Association was in violation of the provisions contained in the said Act. It was also alleged that the petitioners had misrepresented that it was affiliated with the State Level Football Association, as the Ad hoc Committee of Rajasthan State Football Association had no authority to issue the certificate produced by the petitioners. According to the respondents, they had also submitted an application on 26.10.05 for being registered as the District Football Association, which application was pending and, therefore, the registration certificate issued in favour of the petitioners be cancelled. It appears that pursuant to the said complaint, the Registrar (Institutions) had called upon the petitioners to submit their reply vide the letter dated 25.8.11, and had further called upon vide letter dated 20.9.11 to explain as to how the Ad hoc Committee was constituted. It further appears that the Registrar (Institutions), also sought guidance from the Registrar, (Cooperative Societies) with regard to the said complaint filed by the respondents, vide the letter dated 17.12.12. Thereafter the Registrar (Institutions) vide letter dated 4.5.13 informed the respondents that they could filed appeal under Section 35 of the said Act with regard to their complaint. Accordingly the respondents filed the appeal before the appellate authority, who vide the impugned order dated 15.2.13 allowed the said appeal and cancelled the registration certificate dated 17.6.11 issued by the Registrar (Institutions) (wrongly mentioned in the order as having been issued by the Dy. Registrar, (Cooperative Societies). The learned counsel Mr. R.K. Daga for the petitioners vehemently submitted that the appellate authority could not have cancelled the registration certificate in absence of any provision in that regard. Drawing the attention of the court to the provisions of the Act, more particularly of Chapter -VI pertaining to the disaffiliation, enquiry and disqualification, the learned counsel submitted that since the Registrar had not held any enquiry as contemplated under the said provisions and since the Registrar had not passed any order, the appeal itself was not maintainable under Section 35 of the said Act.
(3.) HOWEVER , the learned counsel Mr. S.S. Hora for the respondents submitted that the petitioners had committed fraud and misrepresentation before the Registrar (Institutions) for obtaining the certificate in question inasmuch as the Ad hoc Committee of Rajasthan State Football Association did not have any authority to issue certificate of affiliation on the basis of which the petitioners had applied for registration. According to him, the said misrepresentation and fraud having been realised by the Registrar (Institutions), he had sought guidance from the Registrar, (Cooperative Societies). Mr. Hora further submitted that since the Registrar, (Institutions) could not have reviewed or recalled his own order of issuing registration certificate, he advised the respondents to file the appeal under Section 35 of the said Act, which was filed and has been rightly dealt with by the appellate authority. Mr. Hora has also submitted that since the application of the respondents was pending since 2005 for registration under the Act, the Registrar (Institutions) could not have issued the certificate in favour of the petitioners and such issuance of certificate being an order passed by the Registrar, was appealable before the appellate authority under Section 35 of the said Act. Mr. Hora has also relied upon the decisions of the Supreme Court in case of Grindlays Bank Ltd. v. Central Government Industrial Tribunal & Ors. : 1980 (Supp) SCC 420 and in the case of United India Insurance Co. Ltd. v. Rajendra Singh & Ors. : (2000) 3 SCC 581 to submit that when the order is palpably erroneous order passed under a misapprehension or fraud, the authority has power to correct the said order, to prevent the abuse and misuse of the process of law.;