GOA VOLLEYBALL ASSOCIATION Vs. VOLLEYBALL FEDERATION OF INDIA

JUDGEMENT

(1.) The Plaintiff has filed the suit praying to pass a judgment and decree A.No.1086, 1087, 1126, 1202 and 2640 of 2020 against the defendants for declarations that the Electoral College List dated 24.02.2020 and 26.02.2020 issued by the 2 nd and 4 th Defendants and 3 rd and 5 th Defendants respectively, are ultra vires the byelaws of the 1 st Defendant and for a consequential permanent injunction restraining the conduct of the elections on 12.03.2020 and 15.03.2020 on the basis of the above Electoral College List. In the above suit O.A.No.155 of 2020 has been filed for grant of an ad interim injunction restraining the Defendants from proceeding with the election of the office bearers of the 1 st Defendant, including those scheduled on 12.03.2020. The Plaintiff also filed Applications seeking permission of this court for joinder of causes of action in respect of the parallel election and praying to appoint a Commissioner to inspect the records of the 1 st Defendant and prepare Electoral College List in strict compliance of the bye laws.

(2.) Applications also filed by the Tamil Nadu State Volleyball Association and Volleyball Association of Uttaranchal to implead them as defendants in the suit. Volleyball Association of Uttaranchal mainly contended that they have not been invited to participate in tournaments or event conducted by VFI since July 2017. Despite correspondence sent to them, the same was returned to the applicant association as 'unclaimed'. Writ Petition also filed before the Uttrakand High Court in W.P.No.3790 of 2019 and the same is pending. Similarly, another writ petition in W.P.No.538 of 2020 filed by the Applicant before the Uttrakand High Court to include the applicant's unit in the list of electoral college of upcoming elections on 15.03.2020, the High Court of Uttrakant vide order dated 28.02.2020 directed the Returning Officer to take appropriate decision on the Petitioner's representation dated 17.02.2020. However, the Returning Officer without considering the fact that the petitioner's association is the only association affiliated to the VFI and without providing any reasons, published the electoral college on 29.02.2020 retaining Mr.Mithlesh Kumar Singh and one Mr.Mitun Jain, who are not members of the Petitioners association nor member of any affiliate unit from the State of Uttrakhand. Therefore, their contention that the present election is contrary to the guidelines given by the 1 st Respondent vide letter dated 17.02.2020. Therefore, they filed the petition to implead them as defendant in the suit.

(3.) It is the contention of the Tamil Nadu State Volleyball Association that the President of the Volleyball Federation of India has committed serious irregularities and CBI enquiry is also commenced against him. The suit is engineered by the 3 rd Respondent/2 nd Defendant Mr.Vasudevan who have failed getting elected in Tamil Nadu engineered the suit and also his notice for election is not valid in the eye of law. Therefore, they seeks to implead themselves in the suit.