LAWS(KER)-2019-6-114

ALAPPUZHA DISTRICT TABLE TENNIS ASSOCIATION Vs. KERALA STATE SPORTS COUNCIL REPRESENTED BY ITS SECRETARY

Decided On June 21, 2019
Alappuzha District Table Tennis Association Appellant
V/S
Kerala State Sports Council Represented By Its Secretary Respondents

JUDGEMENT

(1.) 'Sports for all' is the concept with which the Kerala Sports Act, 2000 (hereinafter referred to as 'the Act') was enacted. One of the objectives of this legislation is augmentation of the athletic efficiency in the State. But, the 'sportsman spirit' appears to be more exhibited in the field of litigation, especially in election matters (See Krishna Kumar v. District Collector,2009 2 KHC 1028).

(2.) Election of the office-bearers of a sports association stands set aside by the judgment rendered by a learned Single Judge of this Court in W.P.(C) No.14564/2018 on the ground that the election was conducted in the absence of any observer to be deputed by the Kerala State Sports Council (hereinafter referred to as 'the State Council'). The said judgment is under challenge in this appeal.

(3.) The writ petition was filed by respondents 4 and 5 herein who were members of the executive committee of the Alappuzha District Table Tennis Association (hereinafter referred to as 'the District Association') challenging Ext.P6 notice issued by the Secretary of that association on 04.04.2018 for convening the Annual General Body Meeting of the association on 22.04.2018 to elect new office-bearers and also Ext.P7 notification issued by the returning officer for conducting the election. The main contention urged by the writ petitioners was that the State Council had informed the District Association that no observer would be deputed by it to the meeting and therefore, any election that would be conducted in the absence of an observer nominated by the State Council would be illegal.