IN THE HIGH COURT OF DELHI AT NEW DELHI
(EXTRAORDINARY CIVIL WRIT JURISDICTION)
WRIT PETITION (CIVIL) NO. XXXX OF 20XX
IN THE
MATTER OF:
XXXX …PETITIONERS
V/s
XXXX RESPONDENTS
REPLY ON BEHALF OF RESPONDENT NO. 2
MOST RESPECTFULLY SHOWETH THAT:
1.
At the outset it
is submitted that all the contentions, averments and contents of the Writ
Petition are denied in toto unless specifically admitted to hereunder.
2.
The present common
Reply is being filed on behalf of Respondent No. 2 i.e. the actual and recognized
President of the XXXX which is recognized as the XXX for the sporting
discipline of XX by Respondent No.1.
3.
At the outset it
is further submitted that the present writ petition is maintainable as the same
is nothing but an election petition under the garb of a writ petition. It is
humbly submitted that the present writ petition is not maintainable as the
correct and effective remedy for challenging the by-elections of the answering
Respondents is by way of an election petition in the form of a civil suit.
4.
It is further
submitted that the Petitioners have grossly concealed several material facts and
documents from this Hon’ble Court and hence it is of paramount necessity that a
correct list of dates and events be produced before this Hon’ble Court. The
same is as follows:
Date |
Particulars
|
XX.XX.20XX
|
The XXXX was recognized
as the XXXX for the new sport of XXXX by the Ministry of XX and XX,
Government of India. At that point in time, the office bearers of the, inter alia, were as follows: 1.
President – XXXX 2.
Secretary – XXXX 3.
Treasurer – XXXX 4.
One of the Vice Presidents – XXXX (Respondent No. 2) 5.
One of the Members – XXXX (Petitioner No. 1) |
XX.0X.20XX |
Vide letter
dated XXXX, the erstwhile President i.e XXX tendered his resignation to the XXX
of the XX citing other engagements and commitments. |
0X.0X.20XX
|
All the office
bearers, members, and patrons of attended the Meeting and resolved not to
accept the resignation of XX. A copy of the minutes of the held on 0X.0X.20XX
is annexed hereto and marked as ANNEXURE
R-1. |
0X.0X.20XX |
This decision of
the General Body of the XXXX to reject the resignation of XXXX was
communicated to him by XXXX on XXXX. A copy of the letter dated XXXX sent by
XXXX to XXXX is annexed hereto and marked as ANNEXURE R-2. |
XX.0X.20XX |
The
6th Executive Council Meeting of the ______was held. It was
resolved therein that the resignation of XXXX should be accepted.
Resultantly, it was only on XX that the post of President of XXXX fell
‘vacant’. It was further resolved therein that the by-election for the vacant
post of the President of XXXX should be conducted immediately and that _______,
Retd. Judge of the Hon’ble Punjab and Haryana High Court should be requested
to conduct the said by-elections as Returning Officer. It was further decided
that only those members who have submitted the ‘Conflict of Interest’
Affidavit shall be included in the electoral college for the by-election of
the President. It is extremely pertinent to note that the said meeting was
attended by Petitioner No. 1 and he raised no objection whatsoever to the said
resolution. Further, despite placing reliance upon the said meeting dated XXXX,
Mr. ______ has concealed the minutes of the said meeting despite being in
possession of the same. A copy of the minutes of the 6th Executive
Council Meeting of ______ held on ______ along with the email by which the
same was communicated to ________ are annexed hereto and marked as ANNEXURE R-3 (Colly.). |
0X.0X.20XX |
An
extension meeting of the 6th Executive Council Meeting took place
and the members unanimously proposed the name of _________ (the then
Vice-President) to contest for the post of as President. |
XX.0X.20XX |
Vide
an email dated _______, Mr. (Retd.) Justice XXXX accepted his appointment as
Returning Officer for conducting by-elections of President of the ______. |
XX.0X.20XX |
Vide
email dated XXXX, the Returning Officer commenced the by-elections for the
vacant post of President of the XXXX and also shared the schedule and
nomination form for the same. A copy of the email dated XXXX along with the
schedule and forms for the by-election of the vacant post of President of
XXXX are annexed hereto and marked as ANNEXURE
R-4. |
XX.0X.20XX |
The
XXXX deputed an observer to oversee the by-elections of the President of XXXX.
A copy of the letter dated 10.06.XXXX issued by the World Yogasana Sports
Federation is annexed hereto and marked as ANNEXURE R-5. |
XX.0X.20XX |
Vide
email dated XXXX, the Returning Officer informed the Secretariat of the ______
that only one nomination form of Respondent No. 2 had been received by him
and that the same is also valid. Therefore, the Returning Officer declared
XXXX as the President of ______ unopposed as nobody else apart from him had
filed a nomination paper. The result of the by-election of the President of XXXX
was forthwith communicated to SDM, the Press, the Ministry of Youth Affairs
and Sports, the Sports Authority of India, and all other stakeholders. A copy
of the order dated XXXX of the Returning Officer declaring XXXX as the
President of _____ is annexed hereto and marked as ANNEXURE R-6. |
XX.0X.20XX |
The
erstwhile President of ______ i.e. XXXX issued a handing over letter in favor
of Respondent No. 2, thereby handing over the charge of the office of the
President of ______ to Respondent No. 2. A copy of the handing over letter
dated XXXX issued by XXXX to Respondent No. 2 is annexed hereto and marked as
ANEXXURE R-7. |
XX.XX.20XX |
Despite
a new President having been elected, the then Senior Vice President of _____
i.e. XXXX issued an illegal and baseless letter in his purported capacity of
Working President of the _____ thereby suspending the elected General
Secretary of the ____ i.e. Respondent
No. 3. |
XX.0X.20XX |
The
XXXX wrote an email to XXXX, the then Senior Vice President, stating that the
by-election process for the XXXX was legally completed and XXXX is now the
President of the XXXX. The XXXX further stated that the thenSenior Vice
President was not entitled to suspend any member of the XXXX and hence the
letter dated XXXX issued by XXXX was illegal. A copy of the email dated XXXX
sent by the XXXX to XXXX is annexed hereto and marked as ANNEXURE R-8. |
XX.0X.20XX |
The
XXXX issued a certificate wherein it was stated that the XXXX was the only
federation recognized by the Respondent No. 1 and that the XXXX was also
affiliated to the WYSF. It further stated the office bearers of the XXXX were: ·
President – XXXX ·
General Secretary – XXXX ·
Treasurer – XXXX A
copy of the certificate dated __________ issued by the ______________is
annexed hereto and marked as ANNEXURE
R-9. |
XX.0X.20XX |
Since,
XXXX, XXXX kept misusing the letter head, name and logo of the XXXX. By misusing
the letterhead s of XXXX, XXXX appointed XXXX as the officiating Secretary of
XXXX. Thereafter on 15.09.XXXX, XXXX along with XXXX yet again misused the letterhead
of the XXXX and issued an illegal notice calling for elections of alleged
vacant posts of the President and Secretary General of the XXXX on 01.10.XXXX.
In the said letter, one Advocate XXXX was appointed as the election officer
for conducting the said illegal elections. |
XX.0X.20XX |
In
order to comply with the National Sports Code, a letter was sent by XXXX to
Respondent No. 1 thereby submitting the report of the by-election of
Respondent No. 2 as the President of XXXX. A copy of the letter dated XXXX
sent by the XXXX to Respondent No. 1 with regard to the by-election of
Respondent No. 2 as the President of XXXX is annexed hereto and marked as ANNEXURE R-10. |
XX.0X.20XX |
Respondent
No. 2 and other officials of the XXXX wrote independent emails to XXXX
informing him about the illegality of the by-election sought to be conducted
by him and also about the illegality of the actions of the XXXX. They
requested Mr. Patel to not proceed further with the illegal election process.
A copy of the emails dated XXXX and XXXX sent by the members of XXXX to XXXX
are annexed hereto and marked as ANNEXURE
R-11. |
XX.0X.20XX |
The
Petitioner No. 1 along with XXXX were terminated from their respective posts
in XXXX in the Emergent General Body Meeting of the XXXX held on XXXX
Notably, the said minutes have not been challenged by either XXXX or XXXX
till date and hence are still valid. A copy of the minutes of the Emergent
General Body Meeting of the XXXX held on XXXX is annexed hereto and marked as
ANNEXURE R-12. |
XX.0X.20XX |
Vide
email dated XXXX, XXXX illegally declared Petitioner No. 1 as the so-called
Secretary General and Petitioner No. 2 as President of XXXX. |
0X.XX.20XX |
The
Sports Ministry asked XXXX, through Respondent No. 3, to submit the reports
of the by-elections of Respondent No. 2 as the President of XXXX. |
0X.XX.20XX |
The
XXXX re-submitted the entire by-election process conducted by Retd. Justice. ____________
for the post of President of XXXX. A copy of the letter dated XXXX sent by XXXX
to Respondent No. 1 is annexed hereto and marked as ANNEXURE R-13. |
XX.XX.20XX |
The
Respondent No. 4 recognised the Respondent No. 2 as the President of XXXX. |
XX.0X.20XX |
After
perusing the reports submitted by XXXX, the Sports Ministry issued a letter
thereby certifying that XXXX was and still is the President of the XXXX. |
|
Aggrieved
by the aforesaid order dated _______ of the Respondent No. 1, the Petitioner
filed W.P. (C) No. 3733 of XXXX before this Hon’ble Court. |
0X.0X.20XX
|
This
Hon’ble Court disposed of W.P. (C) No. 3733 of XXXX by directing Respondent
No. 1 to take a decision on the representations dated XXXX and XXXX submitted
by Petitioner No. 1 to Respondent No. 1. Notably, neither of the said
representations flagged any issued with regard to any violation of the Sports
Code in the election of Respondent No. 2 as the President of XXXX. |
XX.0X.20XX |
By
way of the Impugned Order dated XXXX the Respondent No. 1 decided the
aforesaid representations in favour of Respondent No. 2 as against Petitioner
No. 2. |
PRELIMINARY SUBMISSIONS:
6.
Respondent No. 3 is the
elected Secretary General of the XXXX and Respondent
No. 2 is the President of XXXX. Notably, both these persons have been and
continue to be recognized as the Secretary-General and President of XXXX respectively
by Respondent No. 1, Respondent No. 4, and also the XXXX. Thus, at the outset,
it is submitted that Petitioner No. 1 i.e. XXXX has instituted the present writ
petition by intentionally and deliberately purporting to be the Secretary of
the XXXX. Similarly, Respondent No. 2 has also been recognized as the President
of the XXXX by all the governing bodies and hence Petitioner No. 2 i.e. XXXX,
has also filed the present petition in an illegal and incorrect capacity of
President of the XXXX. On this ground alone, it is submitted that the
Petitioners ought not to be permitted to continue using the name of the XXXX
for pursuing the present litigation and hence the present petition ought to be
dismissed. It is submitted that Respondent No. 3 has filed an application in
the present writ petition seeking an order from this Hon’ble Court, inter alia,
restraining the Petitioners from continuing to illegally use the name, logo,
letterhead, social media platforms etc. of the XXXX.
7.
Without prejudice to the
aforesaid it is submitted that Respondent No. 3 was elected as the Secretary of
the XXXX when the XXXX was constituted. Notably, there are no allegations
whatsoever of violation of either the MOA and Rules & Regulations of the XXXX,
or the National Sports Code, 2011 in the election of the Respondent No. 3 to
the post of Secretary of XXXX. The Petitioners have deliberately misled this
Hon’ble Court into believing that the by-election in which the Respondent No. 2
was elected as the President of XXXX also pertained to the Respondent No. 3.
Therefore, it is submitted that no cause of action whatsoever has arisen for
challenging the election of the Respondent No. 3 and hence the Respondent No. 3
ought to be deleted from the array of parties in the present writ petition. It
is reiterated that Petitioners have indulged in gross concealment of material
facts.
8.
Notably, the Petitioners
are challenging the election of the Respondent No. 3 on the ground of a
suspension letter dated XXXX issued by one XXXX who issued the said letter in
his self-proclaimed and self-serving capacity of ‘Working President’ of the XXXX.
It is humbly submitted that the said letters had no force whatsoever as the
same were issued by XXXX has per his whims and caprice. By virtue of the said
letter not only did XXXX illegally seek to unilaterally remove an elected
Secretary of a National Sports Federation (hereafter referred to as “XX”), but also illegally appointed one XXXX
as the Officiating Secretary of XXXX. It is humbly submitted that neither the
MOA and Rules & Regulations of the XXXX, nor the National Sports Code, 2011
permit unilateral removal of an elected office bearer of an XX.
9.
Notably, since the
inception of the XXXX, Respondent No. 3 has been recognised as the Secretary
General of XXXX and since June, XXXX the Respondent No. 2 has been the
President of XXXX. Despite all governing authorities including the Respondent
No. 1 and 4 and World Yogasana Sports Federation recognising the Respondent No.
2 and 3 as the President and Secretary of XXXX, the Petitioners have issued
mala fide letters, circulars and communications to the Yogasana Sports
fraternity purporting and pretending to be President and Secretary of XXXX. It
is humbly submitted that all the said letters, circulars and communications
issued by the Petitioners were issued solely with an aim to create utter chaos
and confusion in the Yogasana Sports fraternity and also to unjustly enrich
themselves. In order to flout the well-established set of rules and regulations
for the sport of Yogasana, the Petitioners have now recently issued a fresh set
of Rules and Regulations for Yogasana competition, which in the humble
submission of the answering Respondents is nothing but a verbatim copy of the
Rules & Regulations of the XXXX created and developed by the XXXX led by
the answering Respondents. The same has been done in order to further mislead
innocent young athletes into participating in the illegal tournaments conducted
by the Petitioners under the garb of NYS. Copies of various letter, circulars
and communications issued by the Petitioners in their purported capacity of
President and Secretary of XXXX have been annexed hereto and marked as ANNEXURE R-14 (Colly.).
10.
Even after the
institution of the present writ petition, the Petitioners have continued to
illegally use the name, logo, letterheads etc. of the XXXX to mislead the
public at large into believing that they are the office bearers of XXXX and
that all the activities being carried out by them are activities of the XXXX. By
continuing to portray themselves as office bearers of XXXX, the Petitioners
have pre-granted the prayers sought in the present writ petition to themselves.
Thus, it is submitted that the Petitioners have grossly abused the process of
this Hon’ble Court.
11.
The Petitioners are mere
imposters who have no respect and have utter disregard for the orders of all
the governing bodies for the sporting discipline of Yogasana i.e. the
Respondent No. 1 and 4 and the XXXX. The Petitioners are self-proclaimed and
self-styled individuals who are unjustly enriching themselves and stealing
money from the young Yogasana athletes by illegally using the name and logo of XXXX.
The Petitioners are indulging in multifarious unlawful acts and are cheating
and defrauding young athletes and the public at large.
12.
It is humbly submitted
that using the name of XXXX for filing the present writ petition in itself is
also an illegal act that ought not to be permitted. Permitting the Petitioners
to pursue the present litigation in the name of the XXXX would further mislead
various stakeholders of the sport of Yogasana.
13.
It is further pertinent to
bring to the attention of this Hon’ble Court the fact that the XXXX has already
filed Criminal Complaints against the Petitioners for the illegal use of the
name, logo, and letterheads of the XXXX. Further, prior to the institution of
the present writ petition, the XXXX had also instituted a civil suit bearing
C.S. No. ____ of XXXX against the Petitioners before the Hon’ble District Court
at Dwarka in February, XXXX seeking setting aside of all the illegal
communications issued by the Petitioners and XXXX till date. The said suit
could not be heard due to a vacancy in the concerned bench at the Hon’ble
District Court at Dwarka. Subsequently, the Civil Suit was heard for the first
time only on XXXX and the Hon’ble District Court at Dwarka was pleased to issue
notice and summons to the Petitioners herein. The said civil suit is now listed
for further hearing on XXXX. A copy of the Criminal Complaints filed by XXXX
against the Petitioners are annexed hereto and marked as ANNEXURE R-15 (Colly.). A copy of C.S. No. _____ of XXXX
filed by the XXXX against the Petitioners before the Hon’ble District Court at
Dwarka along with all the orders passed therein till date is annexed hereto and
marked as ANNEXURE R-16.
14. That
in blatant disregard to the orders of the Respondent No. 1 and the directions
of the XXXX and in gross abuse of process of this Hon’ble Court, the
Petitioners have gotten conducted an illegal mass event in Karnataka through
one Karnataka State Yogasana Sports Association claiming the said federation to
be affiliated to the XXXX. It is humbly submitted that the said Karnataka State
Yogasana Sports Association is not affiliated to the XXXX and the Petitioners are
illegally conducting the same in gross violation of the orders of the
Respondent No. 1. It is thus reiterated that the Petitioners have, in fact,
pre-granted the prayers sought in the present petition and have thus,
demonstrated their utter disregard and disrespect to the present proceedings
before this Hon’ble Court. Copies of the images from the illegal event
conducted in Karnataka by the Petitioners are annexed hereto and marked as ANNEXURE
R-17.
15.
It is further submitted
that the present petition is an election petition in the garb of a writ
petition. It is the humble submission of the answering Respondent that the only
remedy available to challenge an election/by-election once it has concluded is
by way of an election petition in the form of a civil suit [Please see Judgment of the Hon’ble Supreme Court of India in Laxmibaiv.
The Collector, Nanded and Ors., (2020) 12 SCC 186(Para 40, 43), Hon’ble
Delhi High Court in S.D. Siddiqui v.
University of Delhi and Ors., 2006 (88),DRJ 504, (Para 30), Samadhan Swimming Club and Ors. v.
Union of India and Ors., L.P.A. No. 525 of 2016(Para 13, 14, 16)]. It
is submitted that the aforesaid principle applicable to elections of candidates
under Representation of People’s Act, 1951 is also applicable to elections in general
(Please see judgment of this Hon’ble
Court in The Yachting Association of
India v. Boardsailing Association of India and Ors., ILR (2013) V Delhi 3539(Para 22).
16.
It is submitted that the XXXX
is a private autonomous body which as per its governing law is bound to conduct
its day-to-day functions and operations as per its MOA and Rules and
Regulations. It is submitted that the elections/by-elections of a private autonomous
body are an internal subject matter and a writ petition is not maintainable challenging
the same. It is further submitted that the XXXX is bound to conduct its elections
as per the National Sports Code only in order to enjoy the benefits of recognition
by Respondent No. 1.Therefore if at all this Hon’ble Court is of the view that
the by-election of Respondent No. 2 was needed to be done as per the Sports
Code and is not in compliance with the Sports Code, the relief which can be
passed is only is so far as the recognition of the XXXX by Respondent No. 1 is
concerned. Notably, no such prayer for suspension of the recognition of the XXXX
has been made by the Petitioners in the present writ petition.
17.
It is further submitted
that the by-election of an office bearer of an autonomous can be declared to be
illegal only if it is in violation of its Constitution/MOA/Rules and
Regulations. It is submitted that the appointment of Respondent No. 2 to the
post of President of XXXX was not done in a routine election, but only in a
by-election to fill up a vacancy in the office of the President of XXXX. Admittedly,
in the present case, the by-election of Respondent No 2 was conducted in
complete compliance with Rule 27 of the MOA and Rules and Regulations of the XXXX
which deals with vacancies in the event of resignation by office bearer. Not conducting
by-elections of an XX as per the Sports Code may only entail the repercussions
of violations of the Sports Code, but not nullification of the election result
of the XX altogether. It is further submitted that the Election Guidelines
annexed to the Sports Code were not applicable to the by-election in case of a
vacancy because the same only pertain to general elections of all office
bearers. It is submitted that it is the sole prerogative of an autonomous body
as to how it fills up vacancies in its offices. Therefore, it is submitted that
the present writ petition challenging the election of the President of XXXX is
not maintainable and hence is liable to be dismissed.
18.
Notably, despite raising
allegations of illegality against the by-election of Respondent No. 2, the
entire by-election process conducted by Retd. Justice S.N. Aggarwal of the
Punjab & Haryana High Court has been concealed by the Petitioners from this
Hon’ble Court despite being well aware of the same. The declaration of Respondent
No. 2 as the President by the Returning Officer vide his letter dated XXXX has not
even been challenged in the present petition. Without challenging the same,
this clandestine election petition ought not to be permitted to survive. It is
further submitted that the said by-election process was in complete compliance with
the Sports Code and the MOA and Rules and Regulations of XXXX.
19.
Without prejudice to the
aforesaid contention that the present writ petition is not maintainable, it is
further submitted that no ground whatsoever has been made out by for violation
of the Sports Code in the present writ petition. Even before the Ministry had
sought a report of by-elections of Respondent No. 2 as President of XXXX vide
its letter dated XXXX, the XXXX, vide letter dated XXXX, itself had
communicated the reports pertaining to the by-elections of XXXX. Thereafter, on
XXXX, the XXXX re-submitted the said reports of the Returning Officer to the
Ministry. The said reports contained all the forms and steps as contained in
the National Sports Code, 2011. It was only after perusing all the said forms
that the Ministry passed the Impugned Order dated XXXX.
20.
By concealing the reports
of the Retuning Officer and the minutes of the Executive Council Meeting of XXXX
held on XXXX, the Petitioners have tried to create an image as if Respondent
No. 2 was ‘nominated’, and not ‘elected’, as the President of XXXX in the
Extension Meeting held on XXXX. Having approached this Hon’ble Court by concealing
several material documents, the Petitioners are here with unclean hands and
hence, are not entitled to any discretionary or equitable relief under Article
226 of the Constitution of India.
21.
It is further submitted
that Respondent No. 1 being the governing entity for all National Sports
Federations (XX)grants recognition to the XXs that comply with the Sports Code.
The purpose and benefit of the said recognition is that the concerned XX
becomes entitled to disbursement of government grants and other benefits. It is
only for this limited question of eligibility for recognition that Respondent
No. 1 governs the manner in which the administration of an XX can conduct
itself. It is humbly submitted that Respondent No. 1 does not have the power to
recognize/de-recognize/uphold/verify the elections of an office bearers of a recognized
XX. It can only be examined if the said elections are conducted in compliance with
the guidelines laid down in the Sports Code, and if the answer to the same is the
positive, then the said XX becomes eligible for recognition under the Sports Code.
22.
In the light of the
aforesaid, it is submitted that this Hon’ble Court can exercise its powers
vested under Article 226 of the Constitution of India only to the extent of the
power and control which Respondent No. 1 exercises over recognised XX . Given
that Respondent No. 1 does not have the power to nullify or uphold the elections
of an XX, this Hon’ble Court also ought not to entertain such a challenge in a
writ petition under Article 226 of the Constitution of India. It is reiterated
that the only remedy available to the Petitioners herein is to file an election
petition in the form of an ordinary civil suit as per the dicta of this Hon’ble
Court in S.D. Siddiqui (supra). Hence, it is the humble submission of
the answering Respondent that none of the prayers sought by the Petitioners can
be granted by this Hon’ble Court while exercising its jurisdiction under
Article 226 of the Constitution of India.
23.
Notably, the Impugned
Order dated XXXX, which upholds and recognizes the election of the Respondent
No. 2 as against the election of Petitioner No. 2, was passed by Respondent No.
1 only in furtherance of and in order to comply with the directions of this
Hon’ble Court in its order dated XXXX passed in W.P. (C) No. _______ of XXXX
wherein the Respondent. 1 was directed to decide the representations of the
Petitioners dated XXXX and XXXX. It is only due to the order of this Hon’ble
Court that Respondent No. 1 even delved into the issue of validity of by-elections
of the Respondent No. 2 and thereafter passed the impugned order dated XXXX. It
is submitted that, absent the specific directions contained in the said order
dated XXXX, the Respondent No. 1 cannot delve into the issue of the validity of
the by-election of Respondent No. 2.
24.
Pertinently, the representations
of the Petitioners dated XXXX and XXXX did not even whisper a single word
regarding any violation of the Sports Code in the by-election of the Respondent
No. 2. Absent any averment or proof in support of the same, the Respondent No.
1 found the representation of the Petitioners baseless and devoid of any
material. Hence, there is no infirmity in the impugned order dated XXXX.
Therefore, the present writ petition is liable to be dismissed.
25.
In so far as the Impugned
Order dated XXXX is concerned, it is submitted that the same is similar to a
letter issued by Respondent No. 1 to all XXs once the elections/by-elections of
their office bearers are conducted and the reports thereof are submitted to the
Respondent No. 1 in order to update its records. It is humbly submitted that
the said letter does not grant validity or force to the by-election of Respondent
No. 2, but merely updates the said development in the records of Respondent No.
1. Therefore, there is no infirmity in the Impugned Order dated XXXX either.
Therefore, the present writ petition is liable to be dismissed.
26.
It is further submitted
that the prayers of the Petitioners in so far as they pertain to the minutes of
the meetings of the XXXX and the decisions taken therein are concerned, the same
are not maintainable as the correct and effective remedy for the same is to
file an ordinary civil suit seeking the relief of declaration nullifying the
said decisions. Such prayers ought not to be granted by this Hon’ble Court in a
petition under Article 226 of the Constitution of India. It is humbly
reiterated that this Hon’ble Court ought to exercise its powers under Article
226 of the Constitution of India in relation to the XXXX only to the extent of
the powers and control exercised by the Respondent No. 1 over the XXXX.
27.
Similarly, the prayers of
the Petitioners seeking a declaration for validation of the illegal actions
taken by them by illegally using the name, logo and letterheads of XXXX are
also not maintainable as a civil suit is the correct remedy for the said
reliefs. Therefore, none of the prayers sought by the Petitioners is maintainable
and hence the present writ petition is liable to be dismissed in limine.
28.
It is pertinent to draw
the attention of this Hon’ble Court to the fact that Petitioner No. 2 herein
was nowhere in the entire administrative structure of the XXXX or its
affiliated state units. He was brought in from the backdoor by the erstwhile
Senior Vice President who as per his whims and fancy wrote an illegal letter
purporting to disaffiliate all the state members of XXXX and granted
affiliation to random yoga associations across the country. It was from one of
these yoga associations, that Petitioner No. 2 was illegally brought into the
picture.
PARA WISE REPLY:
29.
The contents of paragraph
1 are denied in toto except in so far as they form a part of the record.
30.
The contents of paragraph
2 are denied in toto except in so far as they form a part of the record.
Further, the contents of the preceding paragraphs are reiterated and sought to
be relied upon. It is further submitted that the Impugned Letters have been issued
by Respondent No. 1 and 4 only after carefully examining the by-election
process of Respondent No. 2, which the Petitioners have concealed from this Hon’ble
Court in entirety.
31.
The contents of paragraph
3 are denied in toto except in so far as they form a part of the record.
Further, the contents of the preceding paragraphs are reiterated and sought to
be relied upon. It is reiterated that the reliefs sought by the Petitioners in
the present writ petition cannot be granted under Article 226 of the
Constitution of India.It is further submitted that the entire illegal process
of election conducted by XXXX has no
legal sanctity whatsoever and the same was void ab initio. It is
submitted that Respondent No. 2 and 3 were the duly recognized President and
Secretary of the XXXX and hence there was no vacancy in the said posts which
would warrant an election. The said fact was communicated to XXXX, by multiple office
bearers of the XXXX vide their emails dated XXXX and XXXX, but the same were of
no use as the said XXXX was hand in glove with the Petitioners herein. Further,
it is submitted that the illegal elections on which the Petitioners seek to
rely were conducted in furtherance of illegal and non-est letters
written by the erstwhile President of XXXX i.e. XXXX. The said letters were
without any authority and were issued solely as per the whims and fancy of the
said erstwhile Senior Vice President. It is further denied that the office of
the President fell vacant on XXXX. It is reiterated that the office of the
President fell vacant only on XXXX when the Executive Committee of the XXXX accepted
the resignation of the erstwhile President of XXXX XXXX Notably, the Petitioner
No. 1 was a part of the said meeting held on XXXX, but still has concealed the
true minutes of the said meeting.It was only on XXXX that the office of the
President of XXXX fell vacant and hence the by-elections were declared by the
Executive Committee of XXXX which were to be conducted by Retd. Justice S.N.
Aggarwal. This position is further enforced by the fact that the erstwhile
President of XXXX issued a handing over letter dated XXXX in favour of the
Respondent No. 2. It is further submitted that the suspension letter issued by
the erstwhile Senior Vice President against the Respondent No. 3 was also
illegal and non est because the MOA of the XXXX does even contemplate
unilateral removal of an office bearer by an individual office bearer of the XXXX.
32.
The contents of paragraph
4 are denied in totoas the same are nothing but bald, baseless and misleading.
Further, the contents of the preceding paragraphs are reiterated and sought to
be relied upon.
33.
The contents of paragraph
5and 6 are denied in toto except in so far as they form a part of the
record. Further, the contents of the preceding paragraphs are reiterated and
sought to be relied upon. It is further submitted that the letters pertaining
to mediation and arbitration issued by the Petitioners were issued using the
name and letter head of the XXXX and hence the same had no legal sanctity
whatsoever. At the time of issuance of the said lettersand even as of today,
the Respondent No. 2 and 3 are the President and Secretary General of the XXXXrespectively.Notably,
the Petitioner No. 1 i.e. XXXX had been terminated from the XXXX and hence did
not have any authority to exercise any rights emanating from the MOA of the XXXX.
In so far as Petitioner No. 2 is concerned, it is submitted that he was not
even a part of the XXXX and hence his letters were non est and baseless.
The Petitioners kept issuing letters as per their whims and fancy without any
regard whatsoever to the decisions of the General Body and Executive Committee
of the XXXX.
34.
The contents of paragraph
7 are denied in toto except in so far as they form a part of the record.
Further, the contents of the preceding paragraphs are reiterated and sought to
be relied upon. It is reiterated that the letter dated XXXX was a procedural
letter which was issued by Respondent No. 1 after receiving the report of the by-elections
of Respondent No. 2 to the post of President of XXXX. It is further pertinent
to note that the Impugned Order dated XXXX clearly stipulates that the
representations of the Petitioners dated XXXX and XXXX were filed without any
evidence to support the same and hence they were found to have been immaterial.
35.
The contents of paragraph
8 are denied in totoas the same contains nothing but bald, mala fide,
and misleading allegations. Further, the contents of the preceding paragraphs
are reiterated and sought to be relied upon.
36.
The contents of paragraph
9 are denied in totoas the same contains nothing but bald, mala fide and
misleading allegations. Further, the contents of the preceding paragraphs are
reiterated and sought to be relied upon. It is submitted that the answering
Respondent has placed the letters addressed by the XXXX to the Respondent No. 1
and a perusal of the same would make it amply clear that the Impugned Orders
were passed only after duly perusing the entire by-election process conducted
by Retd. Justice __________.
37.
The contents of paragraph
10 are denied in totoas the same contains nothing but bald, mala fide,
baseless and misleading allegations. Further, the contents of the preceding
paragraphs are reiterated and sought to be relied upon.
38.
The contents of paragraph
11 are denied in toto as the same contains nothing but bald, mala fide, baseless
and misleading allegations. Further, the contents of the preceding paragraphs
are reiterated and sought to be relied upon.
39.
The contents of paragraph
12 are denied in toto as the same contains nothing but bald, mala fide,
baseless and misleading allegations. Further, the contents of the preceding
paragraphs are reiterated and sought to be relied upon. It is submitted that
all the tournaments conducted by the Petitioners were nothing but a ruse and
the Petitioner have cheated the public at large by illegally and clandestinely
conducting the said tournaments under the banner of the XXXX. It is submitted
that the Petitioners have even charged the athletes for participating in the
said events. Moreover, the events stipulated in the paragraph under reply were conducted
without following the rules and syllabus created and developed by the XXXX. As
against the Petitioners, the XXXX under the leadership of Respondent No. 2 and
3 has not only conducted National Championships at Ahmedabad, but also has for
the first time got conducted the sport of Yogasana in the Khelo India Youth
Games, XXXX which is conducted by Respondent No. 1.
40.
The contents of paragraph
13 are denied in totoas the same contains nothing but bald, mala fide,
baseless and misleading allegations. It is submitted that the Respondent No. 1
did not consider the entries sent by the Petitioners because the tournaments
conducted by the Petitioners were wholly illegal. The fact that the Respondent
No. 1 did not accept the entries sent by the Petitioners itself demonstrate the
fact that the Petitioners illegally used the name of XXXX to conduct bogus
national championships and therefore have cheating thousands of young athletes across
the country and are continuing to do so even as of today.
41.
The contents of paragraph
14 are denied in toto. It is submitted that the Respondent No. 2 is the
President of XXXX and Respondent No. 3 is the Secretary General of the XXXX.
The Petitioners are mere imposters who have been cheating several young athletes
by taking tournament fees from the over the last one year.
42.
The contents of paragraph
15do not merit any response as the same are a matter of record.
43.
The contents of paragraph
16 are denied in toto as the same are incorrect and misleading. Further,
the contents of the preceding paragraphs are reiterated and sought to be relied
upon. It is submitted that in all the records of the XXXX maintained with
different authorities, Respondent No. 2 is the President of XXXX.
44.
The contents of paragraph
17 are denied in toto as the same is incorrect and misleading. Further,
the contents of the preceding paragraphs are reiterated and sought to be relied
upon. It is reiterated that Respondent No. 3 still continues to be the Secretary
General of XXXX and the purported letter of suspension dated XXXX issued by the
erstwhile Vice-President was non-est and void ab initio.
45.
The contents of paragraph
18 are denied in toto as the same are incorrect and misleading. Further,
the contents of the preceding paragraphs are reiterated and sought to be relied
upon. It is submitted that the Respondent No. 4 has issued the Impugned Letter
dated XXXX only after perusing the relevant documents submitted to it by the XXXX.
46.
The “Brief Facts”
stipulated in paragraph 19 are denied in toto. It is submitted that the correct
series of events has been stipulated in paragraph 4 herein and that the “Brief
Facts” stated by the Petitioners in the writ petition conceals several material
documents. It is further submitted that all the letters stipulated in paragraph
19 which have been purportedly issued by the Petitioners or XXXX i.e. the erstwhile
Vice-President, are denied in totoas being non est and void ab
initio and hence it is the humble prayer of the Respondent No. 2 that all
the said letters, communications etc. be disregarded in whole.
47.
The contents of paragraph
20 are denied in toto as the same are incorrect and misleading and
contain mere bald allegations. Further, the contents of the preceding
paragraphs are reiterated and sought to be relied upon.
48.
The contents of paragraph
21 are denied in toto as the same are incorrect and misleading and
contain mere bald allegations. Further, the contents of the preceding
paragraphs are reiterated and sought to be relied upon.It is reiterated that the
Petitioners are the imposters who are misusing the name and logo of the YSF to cheat and deceive the public at
large. It is for this reason that the Respondent No. 1 did not accept the
entries sent by the Petitioners for the Khelo India Youth Games, XXXX. It was
the players who participated in the National Championships and other
tournaments conducted under the leadership of the Respondent No. 2 and 3, who
were allowed to participate in the said Games.
49.
The contents of paragraph
22 are denied in toto as the same are incorrect and misleading and
contain mere bald allegations.
PARAWISE REPLY TO GROUNDS:
50.
The contents of all the
grounds raised by the Petitioners denied in toto as the same are
incorrect and misleading and contain mere bald and mala fide allegations.
Further, the contents of the preceding paragraphs are reiterated and sought to
be relied upon. It is reiterated that the present writ petition is not
maintainable and that none of the reliefs sought by the Petitioners in the
present writ petition can be granted.Without prejudice to the same, the answering
Respondent is hereby giving it para-wise response to the grounds.
51.
Further, at the outset it
is submitted that the grounds raised by the Petitioners are nothing but a mere
reiteration and repetition of the multifarious bald and baseless allegations
made by the Petitioners in the preceding paragraphs and hence the same ought to
be disregarded.
52.
The contents of ground A
are denied in toto as the same is incorrect and misleading. Further, the
contents of the preceding paragraphs are reiterated and sought to be relied
upon. It is submitted the averments in the ground A are self-contradictory as
the Petitioners have themselves prayed to this Hon’ble Court to recognise them
as the President and Secretary General of XXXX by virtue of this writ petition.
Kind attention of this Hon’ble Court is drawn to prayer (j) and (k) sought in
the present writ petition. Having sought the said prayers, it defeats logic as
to how the Petitioners aver in ground A that they are the recognised and duly
elected office bearers of the XXXX.
53.
The contents of ground Band
C are denied in toto as the same are incorrect and misleading. It is
submitted that the administration of XXXX is being run smoothly under the
leadership of Respondent No. 2 and 3. In fact, it is the Petitioners who are
regularly misusing the name and logo of the XXXX to deceive and cheat young
athletes across the country.
54.
The contents of ground D
are denied in toto as the same are bald, baseless and devoid of any
material particulars. The Impugned Order dated is reasoned and clearly states
that the representations of the Petitioner were without any documentary proof
and also contained bald allegations. Further, it is pertinent to note that the
Impugned Order pertains only to the post of President of XXXX and hence has
nothing whatsoever to do with Respondent No. 3 who is the Secretary General of XXXX.
It is reiterated that Respondent No. 3 has been wrongly arrayed as an accused
in the present petition and hence he should be deleted from the array of the
parties.
55.
The contents of ground E
are denied in toto as being bald, baseless and devoid of any material
particulars.
56.
The contents of ground F
are denied in toto as being false, misleading and having been made by concealing
material facts. It is submitted that in the said Extension Meeting dated XXXX
the Executive Council of the XXXX merely proposed the name of Respondent No. 2
for the post of President of XXXX. Notably, on XXXX itself, Retd. Justice _________
was appointed as the Returning Officer for conducting the by-election for the
vacant post of President of XXXX and it was only after Respondent No. 2 participated
in the said process that the Returning Officer declared the Respondent No. 2 as
having won the said by-election unopposed. Pertinently, despite attending the
said meeting held on XXXX and despite having the minutes thereof in his
possession, the Petitioner No. 1 has concealed the same from this Hon’ble
Court.
57.
The contents of ground G
are denied in toto as being false and incorrect. The answering
Respondents seeks to draw the attention of this Hon’ble Court to Rule 27 of the
MOA and Rules and Regulations of the XXXX which pertain to Vacancies as it
exited at that point in time. It is submitted that as per Rule 27(b), an office
of XXXX shall fall vacant in the event of resignation only once the Executive
Council accepts the resignation of the said office bearer. Thereafter, under
Rule 27(d) the said vacant post can be filled up by the Executive Council and
if it is deemed necessary an election can be called. It is submitted that in
compliance with the said procedure stipulated in the MOA and Rules and
Regulations of the XXXX the Executive Council in its meeting held on XXXX accepted
the resignation and declared by-elections for the resultant vacant post of
President of XXXX forthwith. Thus, the by-election of Respondent No. 2 was
conducted in complete compliance with the MOA and Rules and Regulations of XXXX.
58.
The contents of ground H,
I, J and Kare denied in toto as being false and incorrect. It is
submitted that mere tendering of the resignation letter by XXXX did not amount to
a vacancy in the post of President of XXXX. Rule 27 (b) of the MOA and Rules
and Regulations clearly stipulates that vacancy shall arise only when the said
resignation is accepted by the Executive Council. Notably, XXXX resignation was
not accepted till XXXX and hence there was no occasion for the erstwhile Senior
Vice President to step into the shoes of the President of XXXX. It is submitted
that the erstwhile power-hungry Senior Vice President maliciously and illegally
started calling himself the Working President with utmost disregard for the
procedure laid down in the MOA and Rules and Regulations of the XXXX.It is further
submitted that the allegations levelled herein have no bearing whatsoever on
the issues raised in the present case as the by-election process was initiated
in the meeting held on XXXX and the same had nothing whatsoever to do with the
extension meeting held on XXXX. It is reiterated that the said Extension
Meeting held on XXXX was a mere extension of the Executive Council Meeting held
on XXXX, the meetings of which the Petitioners have clandestinely concealed
despite being in possession of the same. Further, the contents of the preceding
paragraphs are sought to be reiterated and relied upon.
59.
The contents of ground L,
M, N, O, P, Q andR do not merit a separate response as the same have been answered
in the preceding paragraphs. The contents of the preceding paragraphs are
sought to be reiterated and relied upon. Additionally, it is submitted that any
allegation pertaining to violation of the MOA and Rules and Regulations of the XXXX
during the by-election process ought not to be entered into by this Hon’ble
Court in a writ petition under Article 226 of the Constitution of India. The
said issue is purely a civil dispute, for which the correct remedy is an
election petition in the form a civil suit before the jurisdictional court of
law.
60.
The contents of Ground T
are denied in toto as being misleading and incorrect. It is submitted that
Clause 3.2 contemplates only those elections which are conducted during the
normal course of business. It is submitted that the election for the vacant
post of the President of XXXX came into picture only due to the sudden and
unforeseen resignation tendered by the erstwhile President ___________. It was
only in the said special circumstance that the XXXX undertook a transparent and
democratic process for filling up a vacancy by duly following the process
stipulated in its MOA and Rules and Regulations and also the Sports Code.
61.
The contents of Ground U and
V are denied in toto as being grossly false and misleading and having
been made in complete suppression of material facts. It is reiterated that the by-election
process for the post of President of XXXX, wherein Respondent No. 2 was declared
as the winner, was conducted by following every single step contemplated in the
MOA and Rules and Regulations of XXXX, and also the Election Guidelines appended
to the National Sports Code. The same is evident from the detailed documents
issued by the Returning Officer during the by-election process, which were also
submitted to Respondent No. 1.
62.
The contents of ground W
do not merit a separate response as the same have been answered in the
preceding paragraphs. It is reiterated that a transparent and democratic by-election
process was conducted by the Returning Officer wherein Respondent No. 2 was elected
as the President of XXXX unopposed. It is humbly submitted that Petitioner No.
1 was aware of the entire process taking place and did not raise any objection
whatsoever at that point in time. Despite having personal knowledge of all
these facts, Petitioner No. 1 has deliberately concealed the said fact from
this Hon’ble Court in order to mislead this Hon’ble Court into believing that Respondent
No. 2 was ‘nominated’ and not ‘elected’ to the post of President of XXXX.
63.
The contents of ground X and
Y are denied in toto as being false and misleading. It is humbly submitted that
the nomination paper filed by Respondent No. 2 was duly examined by the Returning
Officer Retd. Justice S.N. Aggarwal and the same was found to be valid by him.
It was only after carrying out the said exercise the Returning Officer
continued with the by-election process.
64.
The contents of ground Z
are denied in toto as being false and misleading. The content of the preceding paragraphs
is sought to be relied upon. Additionally, it is pertinent to draw the
attention of this Hon’ble Court to the fact that Respondent No. 2 is a
representative of the Gujarat Yogasana Sports Association.
65.
The contents of ground AA
do not merit a separate response as the same have been answered in the
preceding paragraphs. Further, the contents of the preceding paragraphs are
sought to be reiterated and relied upon.
66.
The contents of ground BB,
CC, DD, EE, FF, GG and are denied in toto as being false, baseless, bald,
and misleading. It is submitted that the Impugned Order has been passed by Respondent
No. 1 after affording ample opportunity of hearing to the Petitioners. It is
submitted that the Impugned Order dated XXXX clearly states that the
representations of the Petitioner contained mere bald allegations and were not
supported by any documentary evidence. The fact that the Petitioners'
representations were without documentary proof is evident from a bare perusal
of the said representations which do nothing but narrate cooked-up and
malicious allegations against Respondent No. 2 and 3. It is further pertinent
to draw the attention of this Hon’ble Court to the fact that the members who
were not permitted to vote in the by-election of Respondent No. 2 were those
who had not submitted their ‘Conflict of Interest’ Affidavit as mandated by the
General Body and Executive Council of XXXX. The said Affidavit was sought from
members because a per Clause 3.6 of Annexure II to the Sports Code an office
bearer should not hold office simultaneously in any other National Federation.
Allowing persons who were violating the said Clause to participate in the by-election
process would have risked and jeopardized the recognition of the XXXX itself.
Moreover, till date, none of the said 8 members have challenged or contended the
fact that their names were not included in the Electoral College list. Thus,
the Petitioners cannot now raise the said allegation at this belated stage. The
Electoral College list prepared for the by-election of Respondent No. 2 was
made after duly complying with the decisions taken in the Executive Council
meetings of the XXXX held on XXXX wherein it was clearly resolved that the
members who do not submit the ‘Conflict of Interest’ Affidavit will not be
permitted to participate in the by-elections of President of XXXX.
67.
The contents of ground II
and JJ are denied in toto as being false and misleading. It is humbly
submitted that the sporting discipline of Yogasana is different from the
general discipline of Yoga. The XXXX has been tasked by Respondent No. 1 and
the Ministry of AYUSH, Government of India to create and popularise an entirely
new indigenously created sport of Yogasana. The current officials of XXXX have,
in fact, innovated a new sport of Yogasana by creating a new point system and a
competition format. It is in light of these special circumstances that the
Respondent No. 2 submits that the case of the sport of Yogasana and XXXX ought
to be treated with different yardsticks as compared to the ones applicable to
pre-existing sporting disciplines and their respective national federations. It
is submitted that at the time of by-election of the Respondent No. 2, the XXXX
was in the process of granting permanent affiliation to state units. It is
submitted that this is a completely new sporting discipline, The XXXX was also
faced with the task of setting up, promoting, and nurturing state-level
associations which would deal solely with the sporting discipline of Yogasana.
Without prejudice to the aforesaid, it is reiterated that non-compliance of the
Sports Code cannot be grounds for nullification of the by-election of an office
bearer of an XX. The same can only entail the consequences of non-compliance
stipulated in the Sports Code.It is further submitted that the Election
Guidelines annexed to the Sports Code were not applicable to the by-election in
case of a vacancy because the same only pertain to general elections of all
office bearers. It is submitted that the Sports code is silent on how vacancies
in the offices of an XX ought to be filled up. Thus, in the absence of any
provisions in the Sports Code which cater to vacancies, it is humbly submitted
that any vacancy in the office of the XX ought to be filled up as per the
concerned XX’s Constitution/MOA/Rules and Regulations. It is submitted that as
per Clause 27 of the MOA and Rules and Regulations of the XXXX, there was no need
to carry out an election process for filling up the vacancy in the office of
the President of XXXX. However, in order to maintain utmost transparency and to
ensure democracy, the by-election process was carried out by the XXXX for
filling up the vacancy in the post of President of XXXX. Therefore, the by-election
of Respondent No. 2 cannot be set aside in the present proceedings.
68.
The contents of ground KK,
LLand NN are denied in totoas being false and incorrect. The Petitioners
have concealed all the forms issued by the Returning Officer during the course of
the by-elections of President of XXXX. A bare perusal of the same would
demonstrate that the same is in compliance with the Sports Code. The said forms
were duly submitted by the XXXX to the Respondent No. 1 and it was only after
perusing the same that the Respondent No. 1 recorded the name of Respondent No.
2 as the President of XXXX in its records.
69.
The contents of ground MMare
denied in toto as being grossly false and misleading.It is reiterated that
the Respondent No. 2 is a representative of the Gujarat Yogasana Sports Association
which is a member state of the XXXX.
70.
The contents of ground OO
are denied in toto as being false and misleading. It is submitted that
there is no bar either under the Sports Code or the MOA and Rules and
Regulations of the XXXX or the World Yogasana Sports Federation in holding
simultaneous posts in the World Body and the National Body. Moreover, it is
reiterated that the sporting discipline of Yogasana is being created as an
indigenous sport from India, for which Respondent No. 1 in consultation
with the Ministry of AYUSH has set up the XXXX. It is submitted that Respondents No. 2 and 3 being experts in their respective fields are working tirelessly to
create an administrative structure and system similar to the one existing in
other pre-existing sporting disciplines. In order to achieve the said
objective, Respondent No. 2 and 3 are contributing tirelessly at the
national as well as the international level.It is further submitted that the
Government of India an its various ministries recognize the World Yogasana
Sports Federation as the apex international body for governing and regulating
the sporting discipline of Yogasana.
71.
The contents of ground PP
merit no separate response as the same response as the same have been answered
in the preceding paragraphs. The contents of the paragraphs hereinabove are
sought to be reiterated and relied upon.
72.
The contents of ground QQ,
RR and SS merit no separate response as the same response as the same have been
answered in the preceding paragraphs. The contents of the paragraphs
hereinabove are sought to be reiterated and relied upon. It is reiterated that
since the Petitioner No. 1 was terminated from his post in XXXX and the fact
that the Petitioner No. 2 was not even a part of the entire administrative set
up of the sport Yogasana, the said letters invoking arbitration had no meaning
and were non est and void ab initio.
73.
The contents of ground TT
merit no separate response as the same response as the same have been answered
in the preceding paragraphs. The contents of the paragraphs hereinabove are
sought to be reiterated and relied upon.
74.
The contents of ground UU
merit no separate response as the same response as the same have been answered
in the preceding paragraphs. The contents of the paragraphs hereinabove are
sought to be reiterated and relied upon. It is submitted that the issues raised
in the ground under reply cannot be dealt with in a writ petition under Article
226 of the Constitution of India. In order to agitate the said issues, the Petitioners
must filed appropriate civil proceedings in the jurisdictional court of law.
75.
The contents of ground VV
are denied in totoas containing mere bald, baseless, misleading and mala
fide allegations.
76.
The contents of ground WW
are denied in toto as being false and incorrect. It is submitted that
being the governing body of the XXXX, the presence of the observer of the world
federation and its subsequent approval have a material bearing on the sanctity
and validity of the by-election process and the result of the said by-election
process. It is of paramount importance that a national federation must conduct
its by-elections or routine elections in complete compliance with the mandates
of the world federation, failing which the national federation may be
suspended/de-recognised.
77. The contents of ground XX,
YY and ZZ are denied in toto as containing mere bald, baseless,
misleading and mala fide allegations which are devoid of any material
particulars or reasons.
78.
The contents of ground AAA
are denied in toto as being false and incorrect. It is reiterated that
the alleged suspension letter dated XXXX issued by the power-hungry erstwhile Senior
Vice President had no legs to stand as the same was without any authority and
lacked legal sanctity. The said letter dated XXXX is non estand void
ab initio. Notably, even the World Yogasana Sports Federation, vide its
email dated XXXX found the actions of the erstwhile Senior Vice President to be
illegal and stated that he did not have the power to issue any such directions.
Respondent No. 2 who was the President at the relevant point in time also found
the said letter to be with no force and devoid of any authority.
79.
The contents of ground
BBB are denied in totoas being false and incorrect. It is submitted that
there is no conflict whatsoever between the Impugned Orders and the MOA and
Rules and Regulations of the XXXX. It is reiterated that the Impugned Order
dated XXXX was issued by Respondent No. 1 only in order to comply with the
orders passed by this Hon’ble Court and that the Impugned Order dated XXXX was
issued only in order to state that the by-election result of Respondent No. 2
was taken on record by the Respondent No. 1.
80.
In the humble submission
of the answering Respondent the contents of ground CCC are incorrectly phrased
and hence do not merit any response as being without any meaning.
81.
The contents of ground
DDD are denied because there was no occasion for Respondent No. 3 to challenge
the purported letter dated XXXX as the same was nonest and void ab
initio. Moreover, Respondent No. 3 raised the issue of the said letter in
the meetings of the Executive Council and General Body of XXXX and the same was
found to have been illegal. It is further reiterated that eventhe World Federation
had found the said letter to be illegal.
82.
The contents of ground EEE
are denied in toto as containing mere bald, baseless, misleading and
mala fide allegations which are devoid of any material particulars or reasons.
83.
The contents of ground FFF,
GGG, HHH, III and JJJ are a mere repetition
of grounds raised earlier and hence the same does note merit a separate
response. The contents of preceding paragraphs are being sought to be
reiterated in relied upon. It is reiterated that Respondent No. 4 had passed
the impugned letter dated XXXX only after considering all material placed
before it.
84.
The contents of ground
KKK are denied in toto as being false and misleading. It is submitted that the
Petitioners are mere imposters who are pretending to be office bearers of the XXXX
and are cheating and deceiving the public at large and also clandestinely
taking money from young athletes.
85.
The contents of ground LLLmerit
no separate response as the same do not pertain to the answering Respondent.
86.
The contents of ground
MMM are of no relevance as the said Games have already concluded.
87.
The contents of ground
NNN merit no separate response.
88.
The contents of paragraph
23 are denied and it is reiterated that this Hon’ble Court does not have the
jurisdiction to deal with an election petition under Article 226 of the
Constitution of India. The answering Respondent has dealt with this issue in
the previous paragraphs and hence the contents therein are sought to be relied
upon and the same are not being reiterated for the sake of brevity.
89.
The contents of paragraph
24 and 25 do not merit any separate response.
90.
The contents of paragraph
26 are denied. It is reiterated that the present petition has been filed by the
Petitioners by grossly concealing material documents from this Hon’ble Court.
The Petitioner has approached this Hon’ble Court with unclean hands and hence
is not entitled to any equitable or discretionary relief. Hence, the present
writ petition is liable to be dismissed with heavy costs upon the Petitioners.
91.
It is reiterated that the
prayers sought by the Petitioner cannot be granted by this Hon’ble Court in a
writ petition under Article 226 of the Constitution of India. The correct
remedy for seeking the said reliefs is filing an ordinary civil suit before the
jurisdictional court of law. Therefore, the present writ petition is liable to
be dismissed.
92.
In the light of the
aforesaid facts and circumstances it is prayed that this Hon’ble Court may be
pleased to dismiss W.P. (C) No. 7858 of XXXX along with all the applications
filed by the Petitioners therein and/or pass any such other or further order(s)
that this Hon’ble Court may deem fit in the facts and circumstances of this
case.
Filed
by: Respondent No. 2
Place: ____________ Through
Date:
____________ ________
Advocate