RAJASTHAN WRESTLING ASSOCIATION Vs. REGISTRAR, COOPERATIVE SOCIETY

JUDGEMENT

(1.) -1. Both the Revision Petitions filed under Sec. 35(2) of the Rajasthan Sports (Registration, Recognition and Regulation of Association) Act, 2005 (hereinafter referred to as 'the said Act') pertain to the challenge of appointment of Adhoc Executive Committee for the Rajasthan Wrestling Association (hereinafter referred to as 'the said Association') and therefore with the consent of the learned counsels for the parties, they were heard finally at the admission stage. After the filing of the petitions and the replies, the counsels for the parties had sought to produce additional documents which are taken on record.

(2.) Both the revision petitions have been filed by the petitioner Shri Shivlal Greval as the Secretary of the Association against the respondents under Sec. 35(2) of the said Act. The Revision Petition being No. 181/15 has been filed by the petitioner challenging the order dated 1.10.15 passed by the respondent No.1- Registrar Co-operative Societies, appointing Adhoc Executive Committee for the Association, and the order dated 30.10.15 passed by the Secretary, Department of Sports and Youth Affairs (appellate authority) confirming the said order. The other Revision Petition being No. 182/15 has been filed challenging the earlier order dated 2.7.15 passed by the respondent No.1-Registrar and the order dated 13.8.15 passed by the appellate authority. The court vide order dated 4.11.15, after hearing the learned counsels for the petitioner as well as for the respondent No.3, had stayed the elections of the Executive Committee of the petitioner Association scheduled to be held on 9.11.15.

(3.) The short facts, as transpiring from the record, giving rise to the present petitions are that the said Association is registered under the said Act and affiliated with the Rajasthan State Sports Council, Rajasthan Olympic Association and Wrestling Federation of India. Pursuant to the notices dated 27.2.12 issued by the elections Officer for the elections of office bearers of the said Association, the elections were held on 18.3.12 in the General Body Meeting of the Association. As per the certificate issued by the elections Officer, one Mr. R.K. Dhabhai was elected as the President, the respondent No.3 Nirbhay Singh was elected as one of the Vice Presidents and the petitioner Shiv Lal Greval through whom the present petition has been filed on behalf of the Association, was elected as General Secretary. It appears that on 14.3.12 one Shri Ranveer Singh had filed an application under Sec. 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Arbitration Act') in the court of District Judge, Jaipur City, Jaipur seeking injunction against the State Sports Council, and others from holding the said election. On 17.3.12, the Addl. District Judge No.6, Jaipur City, Jaipur (hereinafter referred to as 'the trial court') had passed an ad-interim order staying the said elections of the said Association to be held on 18.3.12. On 26.3.12, the said applicant Ranveer Singh filed another application before the said court for restraining the respondents in the said proceedings from entertaining the office bearers of the Association who were elected on 18.3.12. On 3.4.12, while dealing with the said second application, the trial court observed interalia that the interim order dated 17.3.12 was obtained by the applicant Ranveer Singh by concealing the material facts and therefore the court refused to grant the ad-interim injunction as prayed for in the said application. On 12.4.12, the present petitioner Shiv Lal Grewal filed an application in the said proceedings for impleading him as party-respondent under Order I Rule 10 of CPC, which application was allowed by the trial court vide order dated 24.4.12. On 10.5.12, the applicant Shri Ranveer Singh again filed third application for restraining the office bearers who were elected on 18.3.12 from conducting the affairs of the Association. The said application came to be rejected by the trial court vide order dated 17.7.12 on merits after hearing the learned counsels for the parties. Thereafter the main application filed by the applicant Ranveer Singh under Sec. 9 of the Arbitration Act came to be dismissed by the said court for want of prosecution vide the order dated 20.10.14.