HARYANA STATE YOGA ASSOCIATION Vs. STATE OF HARYANA

JUDGEMENT

(1.) Styling themselves as President and Secretary of Haryana State Yoga Association, Shri Dharam Vir, IAS and Shri M.L. Vairagi, have challenged order, Annexure P-5 dated December, 1997, vide which order, Annexure P-3, dated August 9, 1996 has been withdrawn, Order, Annexure P-3, so withdrawn vide Annexure P-5, had granted recognition to Haryana Yoga Association headed by Shri Dharam Vir, IAS. While passing order, Annexure P-3 dated August 9, 1995. Commissioner and Secretary, Government of Haryana, Sports and Youth Welfare Department has mentioned that two parallel Yoga Associations have been working for some time in the State of Haryana. The matter was under consideration as to which Yoga Association should be given recognition by the Government of Haryana. The whole facts were verified and after getting the facts from Indian Olympic Association and Haryana Olympic Association, it had been decided by the Government that the Haryana Yoga Association with Shri Dharam Vir, IAS, as its President and Shri M.L. Vairagi, Assistant Director (Yoga) Sports Department, as its Secretary should be Ven recognition as this Yoga Association has been recognised by the Haryana Olympic Association. Consequent upon that, the facilities being given to the different recognised Sports Association by the Government of Haryana, it was mentioned, should be given to this Association. As mentioned above, it is this order which was withdrawn vide impugned order, Annexure P-5 dated December 10, 1997.

(2.) The primary and in fact the only contention raised by Mr. Mehta, learned counsel representing the petitioners is that having recognised the Haryana State Yoga Association as headed by its President and Secretary, namely, Shri Dharm Vir, IAS and M.L. Vairagi, order, Annexure P-5 could not possibly be passed till such time at least the petitioners were heard in the matter. Order, Annexure P-5 was passed violating the principle of audi-alteram-partem and on that account, it has necessarily to be set aside, further contends the learned counsel.

(3.) In the context of the only contention of learned counsel for the petitioners noted, above, even though there is no need to give facts, giving rise to the present petition, but still we think that it shall be necessary to give brief resume of the same. It is the case of the petitioners, projected in the petition, that petitioner Association was formed in the year 1984 and Shri B.S. Ojha, IAS was elected as its first president. Petitioner-Association was recognised by the Apex-Body-Haryana Olympic Association and affiliated to Indian Yoga Federation of India. On November 14, 1987 Shri B.S. Ojha voluntarily resigned and Shri K.C. Sharma, IAS, was elected as its President. On October 16, 1991 a meeting of the general body of the petitioner Association was held and as agenda item for no confidence motion was passed against Shri K.C. Sharma, IAS and Shri Ashok Kumar Aggarwal, as its President and General Secretary respectively. In the said meeting, Shri Dharam Vir, IAS was elected as the President and Shri M.L. Vairagi was its Hony. Secretary unanimously. It is further pleaded that the Association run by Shri Dharam Vir, as its President, was recognised by the Apex body and it organised State level functions at various intervals. A copy of the minutes of the meeting vide which Shri K.C. Sharma and Ashok Kumar Aggarwal are said to have been removed as President and General Secretary of the Association has been annexed with the petition as Annexure P-1. It is then pleaded that a meeting of the Executive Committee was held on August 22, 1993 wherein Shri Dharam Vir, IAS and Shri M.L. Vairagi were again unanimously elected as President and General secretary respectively. However, Shri K.C. Sharma, after being removed from the post of President of Association, formed a parallel association under the same name and style and continued to function as its President at his own, without any recognition from any Apex Body. On August 9, 1996, the Haryana Government, after considering the entire matter, in consultation with the Haryana Olympic Association, decided to give recognition to the petitioner Association with Shri Dlwam Vir, IAS as its President and Shri M.L. Vairagi, as its Secretary, vide Annexure P-3. It is further the case of the petitioners that despite order Annexure P-3, Government made a reference to the Registrar, Firms and Societies on December 10, 1997 requesting then to take a decision with regard to the dispute between the two Yoga Associations. One headed by Shri K.C. Sharma and the other by Shri Dharam Vir, IAS. However, on the same day, i.e. December 10, 1997, without waiting for the decision of the Registrar of Firms and Societies, the State Government withdrew order dated August 9, 1996 Annexure P-3.