- (1.) CHALLENGE in this application is to the order dated 12.6.2008 issued by the respondent no. 4, whereby and whereunder the respondent no. 6 has been recognized as constituent body of All India Karate Do Federation as Jharkhand Unit. The further prayer is for restraining the respondent no. 4 from interfering in the affairs of the State Unit of the Jharkhand
(2.) HEARD learned counsel for the petitioner and the learned counsel for the respondents. The case of the petitioner in brief is that it has been representing the State of Jharkhand in the sports of Karate Do and has been playing an active role in promoting sports in the State. It has also selected a team to participate in the National Games and its application for recognition from Jharkhand State Olympic Association is pending since long. The State has also released grant in its favour for selecting and training the players to represent the State in the ensuing National Games to be held in Jharkhand. The petitioner Unit was earlier granted recognition by All India Karate Do Federation as one of its constituent Units. By the impugned letter issued by the respondent no. 4, the respondent no. 6 has been given recognition in place of the petitioner Unit as constituent body of All India Karate Do Federation. The grievance of the petitioner is that the respondent no. 4 after assuming authority on behalf of All India Karate Do Federation, has sought to derecognize the petitioner Unit as a constituent body of All India Karate Do Federation. The petitioners challenge to the impugned letter is on the ground that the respondent no. 4 has no authority to represent the All India Federation and even otherwise, the petitioner Unit cannot be derecognized unilaterally and abruptly without service of notice upon the petitioner, stating the reasons for the proposed derecognition. Such act on the part of the respondent no. 4 is not only beyond his authority, but is also against the principles of natural justice and right to equality. It is further contended that it was only through the counter -affidavit filed by the respondent no. 4 that the petitioner could understand that the respondent no. 4 by the purported letter dated 7.12.2008, had issued show -cause notice upon it and thereafter, intimated the petitioner that the body of All India Federation has decided to remove the petitioner Unit with effect from 3.12.2008. The petitioner has denied having received any such purported letter or intimation. It is stated that even otherwise, after the purported show -cause was issued, by order dated 3.12.2008 the self assumed governing body of All India Federation had decided to remove the petitioner Unit from its membership, but the managing committee represented by the respondent no. 4 did not obtain recognition either from the Central Government, Ministry of Youth Affairs and Sports or from the Indian Olympic Association or even from the Charity Commissioner. Mumbai under the Bombay Charitable Trusts Act which is essential since the All India Karate Do Federation is a Registered Body under the Bombay Charitable Trusts Act. It is further contended that the original managing committee of All India Federation was constituted with the respondent no. 5 as its President. Even while the earlier managing committee was functioning, a parallel managing committee was sought to be constituted by the respondent no. 4. Feeling aggrieved by the recognition granted to the managing committee headed by Shri R. Thiaga Rajan and against the recognition of the respondent no. 4 by the Indian Olympic Association and also by the Government of India, the respondent no. 5 has raised a dispute before the High Court of Rajasthan at Jaipur which is presently sub -judice and therefore, until the dispute upon the rival claims between the respondent nos. 4 and 5 is not finally settled by the High Court, the respondent no. 4 cannot assume any authority whatsoever to represent the All India Federation. The petitioner contends that under such circumstances, the respondent no. 4 cannot claim any authority to derecognize the petitioner Unit from the membership of All India Federation and grant such recognition to the respondent no. 6.
(3.) A counter -affidavit has been filed by the respondent no. 4. Denying and disputing the entire claim of the petitioner, the stand taken by the respondent no. 4 is that it is misconceived on the part of the petitioner to claim or even suggest that there are two All India Karate Do Federations, whereas the fact is that there is only one All India Karate Do Federation. The conduct of the respondent no. 5, who was the ex -president of All India Federation, was found to be detrimental to the interest of the Federation. An emergency meeting of the General Body of All India Karate Do Federation was called on 1.11.2007 and by unanimous decision, the respondent no. 5 was placed under suspension with immediate effect on the charges of misconduct. A second General Body meeting was held on 15.11.2007 and it was unanimously resolved to remove the respondent no. 5 from the post of President of All India Federation with immediate effect. The General Body had elected Mr. Karate R. Thiaga Rajan as the President, the respondent no. 4 as the General Secretary and Mr. Bharat Sharma as Treasurer of the newly constituted managing committee. The Minutes of the General Body meeting along with the information about the constitution of the new managing committee of All India Federation was conveyed to the All India Olympic Association for granting recognition and vide letter dated 2.01.2008 (Annexure -A) issued under the signature of Shri Suresh Kalmadi, President, Indian Olympic Association, recognition was granted to the All India Federation headed by Shri R. Thiaga Rajan, President, P.R. Ramesh, General Secretary and Bharat Sharma, Treasurer of the All India Federation. Furthermore, one Sri Nandjee Prasad, President of Karate Do Federation of Jharkhand, namely, the petitioner association, by terms of letter dated 8.2.2008 (Annexure -D), had also acknowledged and recognized the All India Federation headed by the President Sri R. Thiaga Rajan, General Secretary, P.R. Ramesh and Treasurer Bharat Sharma. Furthermore, the World Karate Federation vide its letter dated 28.3.2008 (Annexure -C) had also accorded recognition to All India Federation Unit Headed by Shri R. Thiaga Rajan as the only National Federation entitled to participate in the World Karate Events representing the country of India. Not only this, the Government of India Ministry of Youth Affairs and Sports vide its letter dated 21.7.2008 (Annexure -B) has also recognized the newly constituted managing committee of All India Federation. It is further stated that when the respondent no. 5 continued to represent himself as the President of All India Federation despite his removal from membership, the All India Federation filed a suit before the court of District Munsif of Coimbatore and vide order dated 7.11.2007 (Annexure -F) the learned Munsif had passed an order of injunction restraining the respondent no. 5 from claiming or representing himself as the President of All India Federation. This fact has been admitted by the respondent no. 5 in paragraph -21 of his counter -affidavit filed in the writ application. Furthermore, the petitioner has himself filed a suit in the Civil Court at Jamshedpur challenging the letter dated 7.12.2008 by which, intimation was conveyed to the petitioner Unit that after having issued a show -cause notice to the petitioner Unit, the Governing Body of the All India Federation had decided to remove the petitioner Unit from the membership of All India Federation with effect from 3.12.2008 and the same is presently sub -judice in the court below. The petitioner had sought to introduce the same prayer in respect of letter dated 7.12.2008 in this writ application by filing an amendment petition but the same was rejected by this court by its order dated 9.1.2009. ;