IN THE COURT OF XXXXX; LD. M.M., PATIALA HOUSE COURTS, NEW DELHI

CRIMINAL COMPLAINT NO. XXXX OF 20XX.

IN THE MATTER OF:-

XXXXXXXXXXXXXX

THROUGH XXXXX                                                          COMPLAINANT

VERSUS

XXXXXXXXXXXXXX                                                        ACCUSED

EVIDENCE BY WAY OF AFFIDAVIT OF THE COMPLAINANT (CW1)

Affidavit of XXXX AR/Treasure of XXXXXXXXXXXXXXXXX, having its Regd. Office at XXXXX, do hereby solemnly affirm and declare as under;-

1.       That the Deponent is an authorized representative of the Complainant Federation, in the above-noted complaint and is competent to swear the present affidavit. The deponent is authorized by the Complainant Federation through a board of resolution dated XXXX; hence he is competent to swear this affidavit and depose on behalf of the Complainant Federation.

2.       It is stated that the Deponent has approached before this Hon’ble Court being aggrieved by the illegal actions of the Accused person which has resulted in severe losses to the goodwill of the Deponent. The authorization Letter by the Deponent organization in favor of XXXX is as Ex.CW1/1.

3.       It is further stated that the Deponent is the XXXXXXXXX for the sporting discipline of Yogasana in India which is recognized by XXXXXXXXXXX, XXXXXXXXXX. The Deponent is also recognized by the XXXXXXXXXXXXXX which is the governing body for the sport of Yogasana at the world level and is working towards the development of the sport of Yogasana under the guidance and leadership of its President XXXXXXXXX.

4.       It is further stated that the present complaint is filed against to XXXX (Accused), who was the Senior Vice-President of the NYSF and is now suspended by the NYSF (Deponent) for the illegal criminal acts indulged in by him as enunciated hereunder.

5.       It is further stated that on XXXX, XXXXXXX resigned from the post of President of NYSF and the resignation of XXXX was eventually accepted by the Executive Council of the XXXXXX and hence the post of President of XXXXXXX fell vacant. That the resignation Letter and Acceptance of Resignation later are Ex.CW1/2 and Ex.CW1/3.

6.       It is further stated that resultantly, XXXX, the then Senior Vice President of XXXXXXX took charge of the vacant office as the Working President of XXXXXXXX on his own as the MOA of XXXXXXXX provides that in the event that the office of President falls vacant, the Senior Vice President shall exercise his powers till the next President is elected. It is an interim measure that is stipulated in the MOA of XXXX so as to ensure the smooth functioning of XXXXXXX when the office of the President is left vacant.

7.       It is further stated that thereafter, on XXXX, the 6^th Executive Council Meeting of the XXXXX took place and the members unanimously agreed that an election should be conducted for the post of President of XXXXXXXXX. It was further proposed that Hon’ble Justice XXXXX (Retd. XXXXXXXXXX) be appointed as the RO for conducting elections of the President of XXXX. Copy of the Minutes of Meeting is Ex.CW1/4. Hon’ble XXXXXXXXXXXX (hereafter referred to as Returning Officer”) accepted his appointment as Returning Officer vide letter dated XXXX. The acceptance letter is Ex.CW1/5.

8.       It is further stated that on XXXX, the Hon’ble Returning Officer circulated the nomination form for the election of President of NYSF. Copy of the Nomination Form is Ex.CW1/6. Shockingly, XXXX  raised an objection to this process of election as he wanted to extend his temporary interim tenure as Working President so as to continue enjoying all the powers of the President of XXXXX. However, the Hon’ble Returning Officer in his wisdom continued with the election process and even considered all objections raised by the accused and rejected them vide order dated XXXX. Copy of the rejection letter of the objection raised by the accused is Ex.CW1/7.

9.       It is further stated that in the elections, only XXXX filed the nomination paper and hence the Hon’ble Returning Officer deemed it fit to declare XXXX as the new President of XXXX. That the said declaration was done by the Hon’ble Returning Officer on XXXX. Copy of the Final Result of the election is Ex.CW1/8. Immediately after the order of the Hon’ble Returning Officer, the General Secretary of XXXX informed all its members and even the ministry that XXXX had been elected as the new President of XXXXXXX. Copy of the Email circulating the result of an election to all members is Ex.CW1/9. All members sent their congratulations to XXXX. Hence, with effect from XXXX, XXXX became the new President and XXXX ceased to be the interim temporary Working President of XXXXX.

10.    It is further stated that the election of XXXX as the President of NYSF has been recognized by XXXXXXXXXXXXX and also the Ministry of XXXXXXXXX. Even the office of the Registrar of Societies has accepted the election of XXXX. As of today, there is no challenge whatsoever in any court of law to the election of XXXX as the President of XXXX. Copy of the email sent by XXXXXXXXXXXXXXXXX is Ex.CW1/10.

11.    It is further stated that despite his tenure as Working President having expired on XXXX, XXXX has to date continued to act and portray to the public that he is still the Working President of XXXXXXX and he has been issuing illegal false communications by illegally using the letterhead of XXXX as per his whims and fancy without any respect to the MOA of XXXX. That he is deliberately misleading and deceiving the public at large and is inducing them to believe that he is still the Working President of XXXXXXXXX. The illegal communications issued by him are as follows:

a.        It is further stated that on XXXX i.e. almost a month after the election of the new President of XXXXX, XXXX (Accused) wrote a letter to the General Secretary of XXXXX unilaterally and illegally removing him from the post of General Secretary and declared that one XXXX, who is the Joint Secretary of XXXX, shall now act as the officiating Secretary General of NYSF. That it is pertinent to note the above-said letter was completely illegal as the accused was no longer the Working President of NYSF and even if he was well aware that according to the MOA of NYSF, it does not vest any power in the President of NYSF to remove democratically elected General Secretary of NYSF. Despite knowing the fact that he was no longer the Working President of NYSF, not only did he remove the General Secretary of NYSF, but also deceived XXXX into believing that she was now the General Secretary of NYSF. Copy of letter dated XXXX to the Secretary General of NYSF is Ex.CW1/11.

b.       It is further stated that in order to deceive all the members of NYSF that the General Secretary of XXXXXX had been removed, XXXX circulated an email on XXXX titled “Suspension Order and to restrict the further action by XXXX as SG”. He issued this email in his purported capacity of Working President of XXXXX only in order to defame the General Secretary and mislead and deceive the members of the NYSF.

c.        It is further stated that after having deceptively appointed XXXX as the General Secretary of XXXXX, the accused wrote an illegal and false letter dated XXXX to the Punjab National Bank i.e. the bank with which the NYSF has its bank account, and requested them to make both the bank accounts of NYSF non-operational with immediate effect. Notably, he deceptively obtained the signatures of XXXX on the said letter by making her believe that she was the General Secretary of NYSF. It is also submitted that the stamp of the General Secretary was never issued either to XXXX or XXXX (Accused) and hence the stamp of the General Secretary of NYSF is also forged and fabricated. Copy of the illegal and false letter dated XXXX sent to Punjab National Bank is Ex.CW1/12.

d.       It is further stated that taking strict cognizance of this issue, the General Body of NYSF decided to issue a show cause notice to the accused for the aforesaid illegal letters issued by him. In furtherance of this decision of the General Body, on XXXXX, a show cause notice was issued to the accused. Copy of the Show Cause Notice is Ex.CW1/13. The accused has not furnished any reply to the said show cause notice to date. Hence, the accused was suspended by the President of NYSF vide order dated XXXX. Copy of the suspension letter dated XXXX is Ex.CW1/14.

e.        It is further stated that despite ceasing to be the Working President of XXXXXX and also having been suspended by the President of XXXXX, the accused yet again misused the letterhead of the XXXXX and issued a notice dated XXXX calling for a meeting of the Executive Council of the XXXX on XXXX. Copy of the Meeting Notice is Ex.CW1/15. Shockingly, in the agenda for the said meeting, he proposed to discuss the affiliation of members of XXXXX. Copy of the Agenda of Meeting is Ex.CW1/16.

f.         It is a further state that thereafter, to the utter shock, on XXXX. XXXX again misused the letterhead of NYSF and issued a letter in his purported capacity of Working President of NYSF wherein he stated that all previous communications made to State/UT Yogasna member Federations stood canceled. Copy of the letter cancelling the previous communication is Ex.Cw1/17. Thereby, he illegally, unilaterally, and mischievously cancelled the membership of 18 of the members State/UT Yogasana Federations the of the NYSF. Thereafter, he issued another illegal communication using the letterhead of XXXXX on XXXX itself, in which he stated that 21 state level Yoga Federations have now been granted the affiliation by NYSF. Copy of the letter granting affiliation to Yogasana Sports units of State/UT is Ex.CW1/18. It is pertinent to note that in these letters dated XXXX, XXXX has got the signatures of XXXX as the Officiating Secretary of NYSF. This itself shows that XXXX is deceiving, coercing, and cheating different officials of XXXXX into signing these illegal communications only to create panic and confusion in the entire Yoga fraternity across India. That he has no respect for the established procedure and law.

12.    It is a further state that XXXX has to date not been able to accept that he is no longer the Working President of XXXXX and hence has tried everything under the sun to destroy the image of XXXXX by issuing illegal and false communications using the letter head of XXXX and also by portraying to the public at large that he is still the Working President of XXXXX.

13.    It is further stated that it draws attention of the Hon’ble Court to the fact that after a state-level yogasna federation is granted affiliation by the XXXX they have to pay affiliation fees to the XXXXX. Here the NYSF fears that the XXXX (accused) will now start illegally collecting affiliation fees from the state-level yoga federations which he has deceived into believing that they are now the affiliated members of NYSF.

14.    It is further stated that the accused is still deceiving and cheating officials of XXXX like XXXX and XXXX into executing documents in illegal capacities by misusing the letterheads of XXXX. Time and again the NYSF has directed the accused to stop these illegal communications, but he has no respect whatsoever for the orders and requests of the NYSF. The accused is still issuing communications and orders in his purported capacity of Working President of XXXXX by misusing the letterhead of XXXXX and hence he is still indulging in the criminal breach of trust.

15.    It is further stated that by canceling the affiliation of members of NYSF and granting affiliation to other state-level yoga federations vide letter dated XXXX, the accused has cheated and played fraud upon the NYSF, its members, a large number of state-level yoga federations, yoga players and the public at large.

16.    It is further stated that by continuing to portray himself as the Working President of XXXXX, the accused has indulged in the crime of cheating by impersonation. As an official of XXXXX the accused was duty bound to protect the reputation and interests of XXXXX but by indulging in the aforesaid illegal activities the accused has knowingly cheated the public at large and even the officials of XXXXX only with an aim to cause grave and massive harm, disrepute, defame and tarnish the reputation of XXXXXX before the public at large thereby causing wrongful loss to the XXXXX.

17.    It is further stated that by writing the forged and fabricated letter dated XXXX to the Punjab National Bank, the accused has cheated the Punjab National Bank trying to block and cease operations in the bank account of XXXXX. Further by inducing the official of XXXXX into signing the illegal letters issued by him and by fabricating the stamp of General Secretary of XXXXXXX on the letter dated XXXX, the accused has indulged in the crime of forgery.

18.    It is further stated that the Deponent therefore approached to P.S: Parliament Street to lodge his complaint no. XXXX dated XXXX but no action was taken in the matter. Copy of the complaint to SHO Parliament Street is Ex.Cw1/19. Thereafter the Deponent sent a complaint to the concerned DCP (Parliament Street) and Commissioner of Police, Delhi through Speed Post on XXXX. The copy of the speed post is Ex.Cw1/20.

19.    That on XXXX, the Deponent filed the certain following document with the permission of this Hon’ble Court, and the same were taken on record, which are now exhibited as under;

Copy of Memorandum of Association and Rules and Regulation of NYSF 2021 is Ex.CW1/21.

Copy of Declaration of Election to the post of President of NYSF bearing letter reference No. XXXX dated XXXX is Ex.CW1/22.

Copy of letter dated XXXX for handing over the official charge of President, NYSF is Ex.CW1/23.

Copy of letters dated XXXX and XXXX of minutes of meeting are Ex.CW1/24(colly).

Copy of letter dated XXXX Ref. Show Cause Notice is Ex.CW1/25.

Copy of letter dated XXXX for meeting of the Executive Committee of NYSF is Ex.CW1/26.

Copy of certificate dated XXXX is Ex.CW1/27.

Copy of letter dated XXXX for expulsion and termination is Ex.CW1/28.

Copy of letter dated XXXX issued by Ministry of Youth Affairs & Sports Dept. to NYSF is Ex.CW1/29.

20.    I hereby state that whatever is stated hereinabove is true to the best of my knowledge.

DEPONENT

VERIFICATION:-

Verified at Delhi on the day of July, 20XX that the contents of paras 1 to 20 of my evidence affidavit are true and correct to the best of my knowledge and belief and nothing has been concealed there from.

DEPONENT