Kerala Cycle Polo Association v Union of India and Ors (WP(C) No. 39313 of 2022)

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 22[ND] DAY OF AUGUST 2023 / 31ST SRAVANA, 1945 ``` ## **`WP(C) NO. 39313 OF 2022`** ## **`PETITIONER:`** ``` KERALA CYCLE POLO ASSOCIATION, REG. NO. 1471/1990, HAVING ADDRESS AT TC 20/1232, KARAMANA P.O., THIRUVANANTHAPURAM- 695002, REPRESENTED BY ITS SECRETARY, E.K. RIYAS. BY ADVS. R.RANJITH SANTHAN V.NAIR CHRISTEENA P GEORGE ``` ## **`RESPONDENTS:`** - `1 UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF SPORTS AND YOUTH AFFAIRS, SASTHRI BHAVAN, NEW DELHI110001.` - `2 STATE OF KERALA , REPRESENTED BY THE SECRETARY, DEPARTMENT OF SPORTS AND YOUTH AFFAIRS, GOVERNMENT. SECRETARIAT, STATUE, THIRUVANANTHAPURAM-695001.` - `3 KERALA STATE SPORTS COUNCIL, BEHIND SECRETARIAT, YMCA ROAD, STATUE, THIRUVANANTHAPURAM-695001, REPRESENTED BY ITS SECRETARY.` - `4 CYCLE POLO FEDERATION OF INDIA, DUNDLOD HOUSE, CIVIL LINES, HAWA SADAK, JAIPUR, RAJASTHAN - 302019, REPRESENTED BY ITS SECRETARY WITH EMAIL DUNDLOD@DIL.IN` - `5 CYCLE POLO ASSOCIATION OF KERALA, VII/144, ELOOR EAST, UDYOGAMANDAL, ERNAKULAM683501 REPRESENTED BY ITS SECRETARY.` ``` BY ADVS. M.SHAJNA VAISAKHI V JACOB P.ALEX JOSEPH P.ALEX MANU SANKAR P. ``` 2 WPC 39313/2022 ``` AMAL AMIR ALI BABU KARUKAPADATH(B-13) M.A.VAHEEDA BABU(V-4) P.U.VINOD KUMAR(K/647/2002) ARYA RAGHUNATH(K/000474/2018) T.M.MUHAMMED MUSTHAQ(K/000261/2018) AJWIN P LALSON(K/001394/2018) KARUKAPADATH WAZIM BABU(MAH/8319/2019) P.LAKSHMI(K/001868/2021) AYSHA E.M.(K/001130/2022) ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 3 WPC 39313/2022 ## **P. V. KUNHIKRISHNAN, J. ------------------------------------------WP(C).No.39313 of 2022** ## **------------------------------------------Dated this the 22[nd] day of August, 2023** ## **JUDGMENT** The above writ petition is filed with the following prayers: (i) Issue a writ in the nature of mandamus commanding the respondents 1 to 3 to take necessary steps to make sure that players selected by the petitioner association, as is evident from Ext.P8, participate in the National Cycle Polo Championships 2022-23 conducted by the 4[th] respondent. (ii) Issue a writ in the nature of mandamus commanding the 4[th] respondent to permit the participants sponsored by the petitioner association in the National Cycle Polo Championships 2022-2023. (iii) Issue such other reliefs that this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. (iv) Dispense with the production of translation of documents in vernacular language. (v) Award cost of this litigation. [SIC] 4 WPC 39313/2022 ## 2. When this writ petition came up for consideration on 15.12.2022, this Court passed the following order: The petitioner Association is registered with the objective of promoting and popularizing the sports discipline, Cycle Polo in the State. The Association is recognized by the Kerala State Sports Council/ 3rd respondent and had affiliation with the Cycle Polo Federation of India/4th respondent. The petitioner claims to be the only Association formed in accordance with the provisions of the Kerala Sports Act, 2000, the Rules thereunder and the Kerala Sports Council Grant-inAid Regulations, 2013. The further claim is that being the registered Association, only the petitioner is entitled to conduct State Championships in Cycle Polo and to sponsor teams for the National Championships. The 5th respondent is another Association formed for promoting Cycle Polo in the State. This writ petition is filed on the apprehension that the teams selected by the petitioner for representing the State in the National Championships 2022-23 will not be accepted by the 4th respondent. The petitioner therefore seeks a writ of mandamus commanding the 4th respondent to permit the teams sponsored by the petitioner to participate in the National Cycle Polo Championships 2022-23 . 2. Adv. R.Ranjith appearing for the petitioner contended that the petitioner is the only Association recognized by the 3 rd respondent. As per Section 31 of the Kerala Sports Act, only recognized Associations are entitled to conduct State Championships and to participate in National Championships. It is alleged that the 5th respondent is an Association formed by persons who were expelled by the 3rd respondent from being part of Cycle Polo activities in the State. After forming the 5th 5 WPC 39313/2022 respondent Association, they approached the 3rd respondent for recognition. On coming to know about this clandestine move, the petitioner raised objection. The dispute ultimately reached this Court and by Ext.P3 judgment the 3rd respondent was directed to take a decision. Accordingly, the 3rd respondent considered the matter and passed Ext. P4 order, rejecting the application for recognition submitted by the 5th respondent and deciding to continue the recognition granted to the petitioner Association. Aggrieved by Ext. P4 decision, the 5th respondent approached this Court again in Cycle Polo Association of Kerala and Anr. v. Union of India and Ors. W.P.(C) No. 28587 of 2022. By Ext. P5 judgment, this Court disposed of the writ petition, refusing to interfere with the impugned order and directing the 5th respondent to pursue the appellate remedy which it had already resorted to. Although, 5th respondent pressed for an interim order before the appellate authority, no order was passed and the appeal is yet to be finalized. The 48th Kerala State Cycle Polo Championship for the year 2022-23 was conducted by the petitioner Association in the presence of an Observer appointed by the 3rd respondent. Based on the performance in the Championship, the team members eligible to represent in the National Championship have been selected, as evidenced by Ext.P8. Faced with a similar situation, the petitioner had earlier approached this Court and obtained Ext.P11 interim order, directing the 4th respondent to permit participation of the Kerala State Team selected by the petitioner in the National Championship. Although Ext.P11 was challenged in appeal, the Division Bench dismissed the appeal under Ext.P13 judgment. 3. Adv. Babu Karukapadath appearing for the 4th respondent stoutly opposed the prayer for interim order. It is contended that the 4th respondent is an independent 6 WPC 39313/2022 Association formed in exercise of the fundamental rights guaranteed under Article 19(1)(c) of the Constitution of India. The functioning of the 4th respondent is governed by its byelaws and this Court will not be justified in interfering with the autonomous character of the 4th respondent by compelling it to permit participation of the teams sponsored by the petitioner. As per the bye-laws of the 4th respondent, only the State Associations affiliated to National Federation will be permitted in the the National Championship. The petitioner Association had affiliation earlier, but was disaffiliated in 2013. Till date the decision to disaffiliate has not been challenged by the petitioner. In Ext.P11 order, this Court has observed that the petitioner's remedy is to approach the civil court for appropriate relief. Even thereafter, the petitioner did not approach the civil court. It is submitted that notice inviting participation in the National Championship was sent to the affiliated State units. As far as Kerala is concerned, the 5th respondent is the affiliated State unit and only teams/players sponsored by the 5th respondent can participate in the National Championship. The 4th respondent goes by affiliation and not recognition by the State Sports Council. It is contended that even for recognition by the State Sports Council, affiliation with the National Federation is mandatory, as is discernible from Sections 31A(1)(i) and 31A(2) (c) of the Act. Finally it is submitted that this Court had in Ext.R4(a) order passed in W.P. (C) No. 28587 of 2022 filed by the 5th respondent had noted that only affiliated Associations will be permitted to participate in the Nationals and Championships conducted by the 4th respondent. 4. Adv. Jacob P Alex appearing for the 5th respondent reiterated the contentions of the Counsel for the 4th respondent and further submitted that in response to the invitation sent by the 4th respondent, selection trials and championships were 7 WPC 39313/2022 conducted by the 5th respondent. The list of teams and players for participating in the National Championship has been prepared and the requisite participation fee is also paid. During the year 2017, 2018 and 2019 the teams and players sent by the 5th respondent had participated in the National Championships. This year the petitioner is trying to capitalize on Ext.P4 order by which the 3 rd respondent refused to grant recognition to the petitioner. It is contended that absence of recognition by the Sports Council does not create any interdiction in the 5th respondent's teams and players participating in the National Championships on the strength of its affiliation with the 4th respondent. 5. Adv. Latha Anand, learned Standing Counsel for the 3 rd respondent submitted that the Kerala Sports Council is the only authority as far as sports activities in the State are concerned. It is pointed out that, sports has been included as Entry 33 in the State List. The Kerala Sports Act, 2000 is enacted in exercise of the power vested with the State Government. As per the provisions of the Sports Act, only Associations recognised by the State Sports Council is authorized to conduct Championships and issue certificates. Therefore, irrespective of its bye-laws, the 4th respondent is bound to permit participation of teams and players sponsored by the recognised Association. 6. In the fight between the petitioner and the 5th respondent, the causality is sports and sports persons. The instant case is a classic example of eligible sports persons being denied opportunity to excel at the National level due to the inflated ego and petty bickering among persons at the helm of affairs of Associations which are formed for the betterment of sports in the State. 7. Going by the undisputed facts, the petitioner 8 WPC 39313/2022 Association is recognised by the Sports Council, but is not affiliated to the National Federation. On the other hand, the 5 th respondent Association is affiliated to the National Federation but not recognised by the Sports Council. Going by Section 31(1A)(ix) of the Sports Act, there can only be one recognised organisation for one sports discipline. The sports persons in that discipline will be eligible for grace marks and other benefits only if the certificates issued to the winners and participants of State level competitions conducted by the recognised State Sports organisations are countersigned by an Observer nominated by the State Sports Council. Further, as per Section 31B unregistered sports organisations should obtain permission from the State Sports Council even for temporarily organizing District level and State level competitions. The petitioner, which undoubtedly is the registered Association, has conducted the State level championships and selected the best teams and players. Although the 5th respondent contends that it has also conducted Championships and selected teams and players, such Championships cannot be held to be a recognised Championship in the light of Sections 31(1A)(ix) and 31B of the Sports Act. Moreover, no evidence is placed on record with respect to the conduct of such Championship, except Ext.R5(e) receipt evidencing payment of entry fees. Pertinently, the receipt is dated 13.12.2022, whereas the writ petition was filed on 05.12.2022. It is true that in Ext.R4(a) order this Court had noted that only affiliated Associations will be permitted to participate in the Nationals and Championships conducted by the Federation. That order was passed without considering the impact of the Kerala Sports Act and the fact that the 5th respondent is not recognised by the Kerala Sports Council. In this regard it is essential to note the following observation of the Division Bench in Ext. P13 judgment. 9 WPC 39313/2022 _“Since the prima facie case has been made out by the writ petitioners, who were selected by the Kerala Cycle Polo Association, which alone is registered with the Kerala Sports Council and since the selection was in the presence of an observer deputed by the Sports Council, we feel that the learned Single Judge was fully justified in passing the interim order in question.”_ The reasoning of the Division Bench applies with full force to the case at hand. The larger contentions raised by the parties are to be considered in the writ petition. Interest of sports and the eligible sports persons require an interim order directing participation of the duly selected teams and players. Hence, there shall be an interim order directing the 4th respondent to permit the players selected by the petitioner Association, as evidenced from Ext.P8, to participate in the National Cycle Polo Championship 2022-23.' ## 3. Thereafter, this Court passed an order on 20.06.2023, which is extracted herebelow: ‘There will be a direction to the 4th respondent to issue participation certificates, merit certificate and medals to the players of the petitioner Association who have participated in the National Cycle-polo Championship held at Nagpur from 22.12.2012 to 30.12.2022 on condition that the petitioner – Association will supply the name of participants. The certificate shall be issued within one week from the date of submission of the name of participants.' 10 WPC 39313/2022 Now the players selected by the petitioner already participated and they received the certificates based on the interim order passed by this Court. In the light of above, learned counsel for the petitioner submits that nothing survives in this case. Recording the above submission, this writ petition is closed. Sd/- ## **P. V. KUNHIKRISHNAN JUDGE** Sbna/ 11 WPC 39313/2022 ## **`APPENDIX OF WP(C) 39313/2022`** ## `PETITIONER EXHIBITS` - `Exhibit P1 TRUE PHOTOSTAT COPY OF THE CERTIFICATE OF AFFILIATION DT. 30.7.1970 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER'S ASSOCIATION.` - `Exhibit P2 CERTIFICATE OF REGISTRATION ISSUED BY THE REGISTRAR OF SOCIETIES, THIRUVANANTHAPURAM ON 31.10.1990 TO THE PETITIONER.` - `Exhibit P3 TRUE PHOTOSTAT COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT ON 23.2.202 IN WPC NO. 28433/2018 AND CONNECTED CASES.` - `Exhibit P4 TRUE PHOTOSTAT COPY OF THE PROCEEDINGS DATED 25.7.2022 ISSUED BY THE SECRETARY OF THE 3RD RESPONDENT.` - `Exhibit P5 TRUE PHOTOSTAT COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT ON 10.11.2022 IN WPC 28587/2022.` - `Exhibit P6 TRUE PHOTOSTAT COPY OF THE COMMUNICATION NO. KSSC/C1/5231/2018 DATED 21.11.2022 ISSUED BY THE 3RD RESPONDENT.` - `Exhibit P7 TRUE PHOTOSTAT COPY OF THE REPORT DATED 3.12.2022 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.` - `Exhibit P8 SELECTION LIST PREPARED BY THE PETITIONER ASSOCIATION AS PER THE STATUTE.` - `Exhibit P9 TRUE PHOTOSTAT COPY OF THE NOTIFICATION NO. CPFI/ NATIONAL 2022-23 DATED` - `29.10.2022 ISSUED BY THE 4TH RESPONDENT FOR MALE RIDERS.` - `Exhibit P10 TRUE PHOTOSTAT COPY OF THE NOTIFICATION NO. CPFI/NATIONAL 2022-23 DATED` - `19.11.2022 ISSUED BY THE 4TH RESPONDENT FOR FEMALE RIDERS.` - `Exhibit P11 TRUE PHOTOSTAT COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT ON 27.9.2016 IN WPC NO. 30776/2016 AND CONNECTED CASES.` - `Exhibit P12 TRUE PHOTOSTAT COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN` 12 WPC 39313/2022 - `Exhibit P13` - `29.9.2016 IN WPC 30776/2016. TRUE PHOTOSTAT COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT ON 30.9.2016 IN WA. 1938/2016.` - `RESPONDENT EXHIBITS` - `EXHIBIT R4(a)` - `Exhibit R5(A)` - `A true copy of the order dated 15/09/2022 in WP(c) No. 28587/2022 of this Hon'ble Court` - `TRUE COPY OF THE AFFILIATION CERTIFICATE DATED 01/05/2018 OF THE 5TH RESPONDENT ISSUED BY THE 4TH RESPONDENT` - `Exhibit R5(B) TRUE COPY OF THE LETTER DATED 09/08/2022 ISSUED BY THE CYCLE POLO FEDERATION OF INDIA TO THE 3RD RESPONDENT` - `Exhibit R5(C)` - `TRUE COPY OF THE COMMUNICATION BEARING NO.CPFI/NATIONALS 2022-23 DATED` - `29/10/2022 ISSUED BY THE 4TH RESPONDENT TO THIS RESPONDENT` - `Exhibit R5(D) TRUE COPY OF THE COMMUNICATION BEARING NO. CPFI/NATIONALS 2022-23 DATED 19/11/2022 ISSUED BY THE 4TH RESPONDENT TO THIS RESPONDENT` - `Exhibit R5(E) TRUE COPY OF THE COVERING LETTER DATED 13/12/2022 ISSUED BY THIS RESPONDENT TO THE 4TH RESPONDENT ALONG WITH COPY OF FEE DEPOSIT RECEIPT ISSUED BY UNION BANK OF INDIA` - `PETITIONER EXHIBITS` - `Exhibit P14 TRUE COPY OF THE COMMUNICATION NUMBER KSC/A3/100/2001 DT. 16-10-2001 ISSUED BY THE 3RD RESPONDENT TO THE PRESIDENTS AND SECRETARIES OF NATIONAL SPORTS FEDERATIONS.` - `Exhibit P15 TRUE PHOTOSTAT COPY OF THE COMMUNICATION NO.KSSC/C1/5231/2018 DT. 26-8-2022 ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT.` - `Exhibit P16 TRUE PHOTOSTAT COPY OF THE COMMUNICATION NO.KSSC/C1/5231/2018 DT. 26-8-2022 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT.` - `EXHIBIT P18 True copy of the merit certificate issued by the Federation in the year 2009-2010 to one of the players` 13 WPC 39313/2022 - `EXHIBIT P17 True copy of the print out taken from the official website of BAr Council of Maharashtra and Goa based on Enrollment Number MAH/4266/2014 as written in the last page of the affidavit of the deponent` - `EXHIBIT P19 True copy of the Participation Certificate issued by the Federation in the year 2009-2010 to one of the players` - `EXHIBIT P20 True copy of the participation certificate issued by the Federation in the year 2011-2012 to one of the players` - `EXHIBIT P21 True copy of the participation certificate issued by the Federation in the year 2011-2012 to one of the players` - `EXHIBIT P 22 Sample Merit Certificate for the year 2019-20 uploaded by the Federation in their official website` - `EXHIBIT P23 Sample Participation Certificate for the year 2019-2020 uploaded by the Federation in their official website`