TAMILNADU HOCKEY ASSOCIATION Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr.Adeesh Anto, learned counsel appearing for Mr.J.Sivanandaraj, learned counsel for the appellants, Mr.G.Rajagopalan, learned Additional Solicitor General of India, assisted by Mr.K.Ravindranath, learned SCGCC appearing for the first respondent,Mr.Sriram Panchu, learned Senior Counsel, assisted by Mr.Arun Anbumani, learned counsel for the third respondent, Mr.V.Shanmugam, learned counsel appearing for the fourth respondent, Mr.Su.Srinivasan, learned Assistant Solicitor General appearing for the fifth respondent and Mr.E.Manoharan, learned counsel appearing for Mr.A.Jenasenan, learned counsel for the sixth respondent. Though the second respondent had been served and name is also printed in the cause list, none appears for them.

(2.) This Writ Appeal is directed against the order of the learned single Judge, dated 03.12.2010 made in W.P.No.1639 of 2010, wherein, in respect of the prayer of the appellants/writ petitioners for issuance of a Writ of Certiorarified Mandamus to call for the records of the respondents 2, 3 and 4, culminating in the decision of the meeting of the third respondent, dated 11.01.2010 and the list of affiliated members, insofar as it grants affiliation for the State of Tamil Nadu to the sixth respondent and to quash the same and consequently direct the respondents 3 and 4 to grant affiliation to the second appellant-Association as the successor-in-interest of the first appellant-Association, the learned single Judge dismissed the Writ Petition, against which, the writ petitioners are on appeal before us.

(3.) It is the case of the appellants/writ petitioners that the first appellant-Association hosted the test matches with Pakistan, Germany, Poland, Belgium and prestigious tournaments such as the Champions Trophy and the Asia Cup and the second appellant-Association is the successor-in-interest of the first appellant-Association, being the body that takes over the entire affairs of the first appellant. All the State Level Sports Associations which administer various sports in Tamil Nadu, are all members of the fourth respondent and the first appellant-Association is an accredited member of the fourth respondent, and however, all these Associations including the first appellant, are independent authorities and the fourth respondent has no power or authority to interfere with their affairs. The Indian Hockey Federation and the Women's Hockey Federation would merge to form one organization at the national level, but however, the second respondent arbitrarily proceeded to disaffiliate both the Associations and set up a new Association, viz., Hockey India, the third respondent herein. There was a suit pending between the parties in C.S.No.1007 of 2008 with regard to the interference in the affairs of the first appellant-Association. A Writ Petition in W.P.No.6614 of 2009 was also pending between the parties with regard to the Committee formed by one of the members who came out from the first appellant-Association and also with regard to the ad-hoc committee formed to take over the control of the affairs of the first appellant-Association. In June 2009, the second appellant was formed and it also started the process of transfer of its entire operations. In the meanwhile, there was affiliation process of the Associations and that the fourth respondent was entrusted with the task of recommending the names of the Units to be affiliated. The third respondent announced on 29.01.2010 to conduct general body elections and declared 20.01.2010 as the last date for nominations and ultimately, the elections were re-scheduled to 07.02.2010. However, on 11.01.2010, the third respondent--Hockey India, conducted a meeting of its office bearers/members at Delhi and granted affiliation to 30 State Units and 4 institutions. The appellants did not receive any official communication on the affiliation process and were surprised to find the name of the Tamil Nadu in the list of States that were granted affiliation. The fourth respondent has not recommended affiliation to the appellants, and recommended affiliation to Hockey Unit of Tamil Nadu, the sixth respondent, which is a non-existent Society and a creation of the fourth respondent and the respondents 2, 3 and 4 failed to comply with the direction of respondents 2 and 5 to the effect that the affiliation process must be fair and democratic. Hence, the appellants filed the Writ Petition for the above prayer.