(1.) The above writ petition is filed seeking the following prayers:
(2.) Brief facts of the case is as follows: Petitioner is the General Secretary of Kerala Wushu Association, which is recognised by Kerala State Sports Council as well as affiliated to the Wushu Association of India and the Olympic Association. As per the bye-law of the Kerala Wushu Association, an elected committee can continue in office for a minimum period of four years, which is to be elected at the general body meeting of the representatives of each District Committee and each District Committee can sent two nominees to attend the general body meeting. The last general body meeting was held on 29/10/2018 at Thiruvananthapuram and in the said meeting, Sri.Binoy Joseph was elected as the President and Sri.S.S.Sunil as the General Secretary as is evident from Ext.P1 minutes of the meeting held on 29/10/2018. The present elected committee was recognised by the Wushu Association of India, the 2nd respondent herein as per Ext.P4 and by the Kerala State Sports Council, the third respondent herein by Ext.P5 and the Kerala Olympic Association as per Ext.P6 certificate dtd. 6/3/2019. The election to the committee of the Kerala Wushu Association was challenged by one P.Raveendran before this Court filing of WP(C) No.4012 of 2019 and the said writ petition was disposed of as per Ext.P7 judgment directing the Secretary of the 3rd respondent to consider the rival claims and declare the eligible office bearers. Pursuant to Ext.P7 judgment the Secretary of the 2nd respondent as per Ext.P8 proceedings declared that the new body is the legally elected office bearers. After the issuance of Ext.P8 the elected committee is organising the games in Wushu at various levels. To the surprise of the petitioner the 2nd respondent has now issued Ext.P9 communication to the 3rd respondent intimating that the present elected committee of Kerala Wushu Association is dissolved, and to conduct a free and fair election to the committee. An adhoc committee is constituted to look into the day to day affairs of Kerala Wushu Association, till fresh elections are held. The said decision is under challenge in this writ petition and the petitioner has also sought for a direction to the 2nd respondent to allow the present committee to continue in office until their successor is elected in accordance with the bye-law of the Kerala Wushu Association.
(3.) The main contentions raised in support of the challenge against Ext.P9 order is that the same is issued even without notice to them and without hearing any of the affected parties, and therefore, Ext.P9 violates all principles of natural justice. The 2nd respondent has no authority to dissolve a duly elected committee and therefore, Ext.P9 is arbitrary and violative of Article 14 of the Constitution of India. No valid reasons have been stated in Ext.P9 to dissolve the elected committee. The present committee has been actively involved and encouraging Wushu Sports and Kerala Wushu Association has secured 85 medals during the tenure of the present committee. Petitioner submits that while the writ petition was pending consideration the election to the Kerala Wushu Association was scheduled as per Ext.P10 election notification and the elections were scheduled to be held on 15/3/2023. Petitioner took a contention that before deciding on to the challenge against Ext.P9, the election to the Wushu Association shall not be permitted to be conducted and the petitioner has filed I.A.No.2 of 2023 in the present writ petition seeking stay of all further proceedings of the proposed election scheduled to be held on 15/3/2023. The 6th respondent, who is the General Secretary of the Kerala Wushu Association sought for impleadment as additional 6th respondent and this Court as per order dtd. 29/5/2023 impleaded the said respondent as additional 6th respondent in the present writ petition.