DELHI GYMNASTICS ASSOCIATION Vs. GYMNASTICS FEDERATION OF INDIA

JUDGEMENT

(1.) Challenging the communication dtd. 12/12/2022 issued by Respondent No.1/Gymnastics Federation of India expelling the Petitioner/Delhi Gymnastics Association from the affiliation of Respondent No.1/Gymnastics Federation of India, the instant writ petition has been filed.

(2.) The facts, in brief, of the case as stated in the writ petition reveal that the Petitioner was established in the year 1951 and was registered with the Registrar of Societies in the year 2002, vide Registration No. S/42321 of 2002. It is stated that the Petitioner is involved in the development of the sport of Gymnastics in the State of Delhi. It is stated that the Petitioner's role was to select the teams that would represent the State of Delhi in various Gymnastics tournaments throughout the country. Material on record reveals that an intimation was given by the Petitioner to Respondent No.1 in respect of the last election of the Petitioner that was held in July, 2018 and the upcoming election that were to be held in July, 2022. Material on record further reveals that the Petitioner vide Notice dtd. 29/5/2022 intimated its office bearers and executive committee members about a meeting that was to be held on 12/6/2022 in regard to the upcoming elections. On the same day, i.e., 12/6/2022, another notice was issued, wherein the Petitioner intimated its members regarding a meeting with the agenda of the election of the Executive Committee including the schedule for the election and the nomination form. Another notice dtd. 15/6/2022 was issued by the Petitioner informing its members that the nomination papers would be scrutinized on 29/6/2022. In the interregnum, an Annual General Meeting was called by Respondent No.1 to amend its constitution. The constitution was amended, in March 2022, and subsequently registered on 29/6/2022. After the constitution was amended, the Petitioner was called upon by Respondent No.1 vide letter dtd. 30/6/2022 seeking clarification regarding the election to be held by the Petitioner. Vide the said letter dtd. 30/6/2022, the Petitioner was also intimated regarding the intention of Respondent No.1 to appoint an observer to supervise the election due to certain representations that Respondent No.1 had received alleging irregularities in the election process for the Petitioner Association. A second letter dtd. 2/7/2022 was also issued by the Respondent No.1 asking the Petitioner to respond to the letter dtd. 30/6/2022. Vide the said letter dtd. 2/7/2022, the Petitioner was also asked to provide the copy of Registration Certificate, Statutes, Constitution and Rules and Regulations, List of Member Units and the list of Current Officer Bearers/Executive Committee Members.

(3.) A show cause notice was issued to the Petitioner on 12/8/2022 stating that in terms of Clause 2(b) of the amended Regulations of the Respondent No.1, the affiliated member State/UT Gymnastics Association must hold regular elections as per their constitution and send notice of election along with a list of members forming their electoral college. Vide the said letter, attention of the Petitioner was also drawn to Rule 2(b)(viii), where affiliated member State/UT Gymnastics Association must undertake and supply to the Respondent No.1, a copy of their respective registration certificate, Statute, Constitution and Rules and Regulations, a list of their respective accredited member units and their Office Bearers and members as and when sought Respondent No.1. It is stated that the said information was sought from the Petitioner vide letter dtd. 2/7/2024, however, the same was not provided by the Petitioner. The show cause notice further indicates that the matter has been referred to the Disciplinary Committee of Respondent No.1 to conduct an inquiry on this matter and initiate appropriate proceedings against the Petitioner.