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:

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