MANIPUR SOFTBALL ASSOCIATION Vs. SOFTBALL ASSOCIATION OF INDIA

JUDGEMENT

(1.) Heard Mr. Kh. Tarunkumar, learned senior counsel assisted by Ms. K. Mercy, learned counsel appearing for the petitioner; Mr. T. Momo, learned counsel appearing for respondent No. 2 and Dr. RK Deepak, learned senior counsel assisted by Mr. L. Rajesh, learned counsel appearing for the respondent No. 3.

(2.) This matter is taken up today to consider the prayer for passing interim order as prayed for by the petitioner in the present writ petition. It has been submitted that the 45th Senior National Softball Championship for both men and women is going to be held in Srinagar from 4/11/2023 onwards. The case of the petitioner is that the petitioner's association is the original and genuine Manipur Softball association and that they have already selected the players for both men and women after holding a State Level trial for their participation in the said tournament representing the State of Manipur. The main prayer made by the petitioner in the present writ petition is for quashing and setting aside the letter dtd. 14/1/2023 from the Secretary General, Softball Association of India addressed to one Shri Kh. Tarunkumar, Advocate thereby intimating, inter alia, that the affiliation of the petitioner association in the Softball Association of India has been deaffiliated and accordingly, the petitioner's association will no longer be recognized by the Softball Association of India. The Senior counsel appearing for the petitioner submitted that the order for deaffiliation of the petitioner's association was never communicated or made known to the petitioner's association at any point of time and that no opportunity of being heard was given to them before taking such step for deaffiliation and as such the so called deaffiliation cannot have any validity in the eyes of law and accordingly, an interim order may be passed by this Court directing the respondent No. 1 and 2 to allow the teams selected by the petitioner's association to participate in the said tournament.

(3.) Mr. T. Momo, learned counsel appearing for respondent No. 2 submitted that as per the rules and regulations, only the team sponsored by the State association which is affiliated to the Softball Association of India is permitted to participate in any tournament organised by the Softball Association of India and that as the petitioner's association has already been deaffiliated, the team sponsored by the petitioner's association cannot be allowed to participate in the said tournament. As regards the allegations made by the petitioner that the deaffiliation of the petitioner's association was never communicated or that no opportunity of being heard was given to the petitioner association before any order of deaffiliation was passed, the learned counsel seeks some time to submit a detail counter affidavit. The learned counsel further submitted that the question as to whether the order of the deaffiliation was communicated to the petitioner's association or not is yet to be verified and accordingly, the learned counsel sought for sometime for filing a detailed counter affidavit.