HMINGDAILOVA KHIANGTE Vs. CHIEF SECY GOVT OF MIZORAM

JUDGEMENT

(1.) The writ petitioner, who was the Vice-President of Mizoram States Sports Council, has filed the present writ petition challenging the notifications dated 16,6.2004 (Annexure-6) and 18.6.04 (Annexure-7) issued by the Commissioner and Secretary, Sports, Youth Service Department, Government of Mizoram dissolving the Mizoram States Sports Council constituted u/s 6 of the Mizoram States Sports Council Act, 2002 in exercise of the power u/s 28 of the said Act and authorizing the Commissioner and the Secretary to the Government of Mizoram Sports and Youth Services Department to conduct day to day function of the States Sports Council, in exercise of the power u/s 39 of the said Act till such time, the full time Secretary of the State Council is appointed or till the Mizoram Sports Council is re-constituted.

(2.) I have heard Mr, Lalramzauva, the learned counsel for the petitioner and the learned Advocate General, assisted by Mr. N, Sailo, the learned State Counsel, appearing on behalf of the respondents,

(3.) The facts leading to the filing of the present writ petition in brief, is that Mizoram State Sports Council (hereinafter referred to as the Sports council) was constituted by the Government of Mizoram in the year, 1976 for the purpose of promotion of sports amongst the Mizos in the State of Mizoram on the basis of an executive order. Thereafter the Government finding it expedient to constitute a sports council at the State level for securing greater measure for participation of the people in the sports and games and its promotion and to invest such sports council such special power for carrying out object of promotion and development of the games and the sport in the State of Mizoram, promulgated Mizoram State Sports Council Act, 2002 (hereinafter referred to as the said Act). The Government of Mizoram in terms of the provisions of Section 3 read with Section 6 and 7 of the said Act, constituted the Sports Council vide notification dated 21.8.2002 (Annexure 2). The election for the Vice-President and the Joint Secretary was thereafter held on 12.11.02 wherein, the present writ petitioner was elected as Vice-President and Mr. Lungmuana as Joint Secretary. While the said executive body of the Sports Council was functioning w.e.f. 12.11.02 with the present writ petitioner as the elected Vice President, the Government of Mizoram issued a notification dated 16.6.04 and corrigendum dated 17.6.04, in purported exercise of power u/s 28 of the Act, dissolving the sports council constituted u/s 6 of the said Act with immediate effect, as the State Government was of the opinion that the said Sports council has not been able to carry out its objectives to its satisfaction. By another notification dated 18.6.04, and corrigendum dated 23.6.04, the Govt, of Mizoram in exercise of its power u/s 39 of the Act authorized the Commissioner arid Secretary, the respondent No. 2 to conduct day to day functioning of the sports Council till such time a full time Secretary of the council is appointed or the Sports council is re-constituted. The writ petitioner has challenged both this notifications dated 16.6.04 and 18.6.04 on the ground that the same were issued in complete violation of principles of natural justice and without application of mind and also on the ground of arbitrary exercise of the power.