INDIAN HOCKEY FEDERATION Vs. UNION OF INDIA

JUDGEMENT

(1.) The Indian Hockey Federation (,,IHF) which had earlier come to this Court with Writ Petition (C) No. 3713 of 2008 challenging its disaffiliation by the Indian Olympic Association (,,IOA) Respondent No.3 and its consequent de-recognition by the Union of India through Ministry of Youth Affairs and Sports (,,MYAS) Respondent No.1, is again before this Court challenging a communication dated 10th/11th August 2009 issued by the MYAS granting provisional recognition to Hockey India (,,HI) Respondent No.4 herein as well as a letter dated 13th July 2010 by the MYAS addressed to the Secretary General, HI conveying its "no objection to the holding of the elections of HI".

(2.) The principal contention advanced by Mr. Arvind Nigam, learned Senior counsel appearing for the Petitioner was that after the judgment dated 21 st May 2010 of this Court allowing Writ Petition (C) No. 3713 of 2008, setting aside the decision of both the IOA as well as the MYAS to disaffiliate and derecognize respectively the IHF, the consequential position was that in terms of the Guidelines issued by the MYAS for recognition of National Sports Federations (,,NSFs) there was only one recognised body for hockey in India, which was the IHF. He submits that HI has, contrary to the above legal position, claimed publicly that it continues to be the only recognised body for hockey in India and on that basis has also corresponded with the International Hockey Federation (,,FIH). HI is now holding elections to its Executive Board on 28th July 2010. The interim relief being sought is that there should be a stay of the letter dated 13 th July 2010 issued by the Union of India whereby it has appointed "Government Election Observer" to observe the election process of HI "on behalf of the Government of India". A stay is also sought of the letter dated 10th/11th August 2009 of the MYAS granting provisional recognition to HI. It is submitted that in view of an affidavit dated 5th April 2010 filed by the MYAS before the Division Bench of this Court in Rahul Mehra v. Union of India (W.P.(C) No. 195 of 2010), which writ petition is pending, the provisional recognition should be deemed to have been withdrawn and, therefore, no further steps should be taken on that basis. He submitted that HI which was incorporated only on 20 th May 2009 did not fulfill even the basic requirement of being in existence for three years before becoming eligible for recognition in terms of the MYAS Guidelines.

(3.) Notice. Mr. Devvrat, learned counsel for the MYAS, Mr. S.D. Salwan, learned counsel for the IOA, Ms. Kusumlata Sharma, learned counsel for Indian Hockey Womens Federation and Ms. Divya Kapur, learned counsel for the HI accept notice. Replies be filed within one week and rejoinder thereto, if any, be filed before the next date.