HARYANA WRESTLING ASSOCIATION Vs. WRESTLING FEDERATION OF INDIA

JUDGEMENT

(1.) THIS application has been preferred by Sh. K.S. Minhas to intervene in the present writ petition. He claims to be the Life President of WFI. He has already initiated two civil suits, details whereof are contained in the application and have been noticed in the following judgment. The pendency of the said suits has no bearing on the determination of the issues raised by the petitioners in the writ petition. My reasons for the said observation are detailed in the following judgment. The present application is clearly an attempt on the part of the applicant to put a spoke in the wheel and prevent this Court from disposing of the writ petition. I, therefore, find no merit in this application. The same is, accordingly dismissed. 1. The petitioners, i.e. petitioner No. 1/Haryana Wrestling Association (HWA) acting through its Hony. Secretary Sh. Raj Kumar Hooda and petitioner No. 2/Sh. P.V. Rathee, representative of the petitioner No. 1, have preferred this writ petition under Article 226 of the Constitution of India to seek a writ of certiorari ? to quash the order dated 05.04.2011 issued by the Returning Officer of the respondent No. 1/Wrestling Federation of India (WFI), whereby the representation of petitioner No. 1 dated 04.04.2011 to revise the election schedule was rejected, and Article XIII (d) of the Constitution of WFI was held to be in operation. The petitioners also seek quashing of the election of respondents No. 4, 5 & 6, i.e. Sh. Dushyant Sharma, Sh. Raj Singh and Sh. Hamza Bin Omar as the President, Secretary General and Senior Vice President respectively of WFI on the ground that the same has been held in violation of the Constitution of WFI. Certain interim reliefs have also been sought by the petitioners keeping in view the final reliefs.

(2.) THE petitioner No. 2 filed his nomination to contest for the post of President of respondent No. 1/WFI as the nominee of petitioner No. 1. THE Returning Officer rejected the said nomination by the impugned order dated 8.4.2011.

(3.) THE case of the petitioners is that the constitution of respondent No. 1/WFI was amended in the year 2007 by inserting Article XIII (d) therein. Article XIII (d) reads as under: ?It shall be mandatory requirement of elections to the post of President, Senior Vice President and Secretary General that only those members, who had held the office in the outgoing Executive Committee of WFI for a period of 4 years shall be eligible to contest the election.?