Patna HC Declines To Recognise Handball Association Of Bihar As Official Body, Directs Probe Into Allegations Of Misuse Of Funds By State Sports Authority

The Patna High Court has disapproved the recognition granted to the Handball Association of Bihar by the Bihar Government. The court instead approved the recognition of the Bihar Handball Association as the only recognized body in connection with handball sport in the State of Bihar registered under the Bihar Sports Act, 2013 ("2013 Act").

The Court directed the Bihar Government to enquire into the allegations of misuse of funds by the Bihar State Sports Authority in extending large amounts of financial aid to the unregistered Handball Association of Bihar in violation of the 2013 Act.

A bench comprising Justice Sandeep Kumar observed that since the Handball Association of Bihar was not registered under the Bihar Sports Act, 2013, it cannot be held to be an organization representing the handball sport in the State of Bihar.

The recognition was granted to the Bihar Handball Association by the High Court while hearing a Writ Petition filed by the Bihar Handball Association/Petitioner alleging differential treatment towards the petitioner by the Bihar State Sports Authority (BSSA) (being a State Instrumentality) in not extending the financial support/aid/ to the Players/Association as per Government Rules/Guidelines/Policy.

The petitioner's sole contention was that since the Respondent/Bihar Handball Association was not registered under the Bihar Sports Act, 2013, therefore, no financial support/aid should have been extended to their players and the Association.

The petitioner alleged that the Bihar State Sports Authority had spent crores of rupees in violation of provisions of the Bihar Sports (Registration, Recognition and Regulation of Associations) Act, 2013 in extending financial support to the unrecognized Handball Association of Bihar, and the Court sought an enquiry into the financial irregularities committed by the BSSA.

The disputed Handball Association of Bihar came to be established as state units of the Handball Association of India, which was framed as a parallel organization after one of the factions didn't accept the election results of the Handball Federation of India. The Government of India as well as the Indian Olympics Association (IOA) has recognized its establishment through a letter. However, the implementation of the letter was later stayed by the Punjab & Haryana High Court. 

Though the Court granted relief to the petitioner by not recognizing the Handball Association of Bihar as the official registered body in connection with the handball sports in the Bihar State, it refrained from enquiring into the alleged misuse of funds as according to the Court it was for the State Government to initiate action after enquiring into the allegations of the petitioners.

Following this, the Court directed the Additional Chief Secretary, Department of Art, Culture and Youth, Government of Bihar to enquire into the allegations of mismanagement of funds by the Respondents-BSSA and its affiliates within two months. The Court noted that if the allegation of mismanagement of funds is found to be true then appropriate action shall be taken by the Additional Chief Secretary.

Additionally, the Court directed the Bihar State Sports Authority, its Director General, and Director to not entertain any unregistered Handball Association or any other sports organization in violation of the Bihar Sports Act, 2013.

Case Title: Sanjeev Kumar & Ors. Versus The State of Bihar & Ors., Civil Writ Jurisdiction Case No.2371 of 2024

Advocates Ms. Prakritita Sharma and Mr. Amarjeet appeared for the Petitioner

Advocate Mr. Madanjeet Kumar appeared for the State

Advocate Mr. Ajay as appeared Amicus Curiae 

Citation: 2024 LiveLaw (Pat) 58

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