Kerala High Court Grants Time To State's Tug Of War Association To File Objection To Show Cause Notice By Tug Of War Federation Of India

The Kerala High Court on Wednesday granted liberty to the Kerala State Tug of War Association (hereinafter, 'Association') to file their objections within a limited time frame to the order issued by the Tug of War Federation of India (hereinafter, 'Federation'), dissolving the Executive Committee of the Association and deaffiliating the same from their membership. 

The Federation had issued a show cause notice to the Association on August 1, 2023, for which the latter sought time to reply. The Federation at this juncture, proceeded to dissolve the Executive Committee of the petitioner Association, and de-affiliate it from their membership, noting that the Association was in a 'sorry state of affairs', and that 'immediate remedial steps' were required to be taken to save the sport of Tug of War in Kerala. 

Justice Devan Ramachandran, observed in this regard that apart from generic statements, the only tenable reason that one could find in support of the Federation's decision to dissolve the Executive Committee of the petitioner Association was that the latter had not replied to the former's show cause notice. The Court noted that the Federation had taken the decision to deaffiliate and dissolve the Executive Committee without considering the petitioner's request for a month’s time to offer explanation for the notice, in its proper perspective. 

"The afore being said, it is imperative that the contentions of the petitioner - ‘Association’ are properly considered by the “Federation” before a drastic step as deaffiliation and the dissolution of their Executive Committee is ordered, as has been done...," the Court observed. 

The petitioner Association had challenged the decision of the Federation to deaffiliate them and to dissolve the Executive Committee on the ground that the latter was not vested with the power to do so. The counsel for the petitioner averred that the Federation issued the impugned decision without considering their request, in a hasty manner. 

The Counsel for the Federation argued that the petitioner sought further time to respond to the show cause notice only to protract the issue. It was submitted that the decision of the Federation was only to dissolve the Executive Committee of the petitioner Association due to non-compliance of the National Sports Code, for which it had full competence under the applicable Rules and Regulations.

It was also added by the counsel for the respondents that the affairs of the Association were done in a lackadaisical and cavalier manner, that the Federation had no other option, but to deaffiliate them, and that the same could not be stated to be erroneous. 

On consideration of the afore submissions, the Court was of the view that the Association ought to be given limited time for filing their objections to the show cause notice issued to them, so that the issue could be considered by the Federation in a quick manner. 

The Court thus granted the petitioner liberty in this regard, and directed the Federation to hear the competent Authority of the petitioner Association, and to issue an appropriate order in terms of law, on or before September 27, 2023. 

"While completing the afore exercise, the Federation will also keep in mind the fact that a team from Kerala should participate in the National Level Competitions; and this will also be specifically ensured by them in the resultant order," the Court added. 

Counsel for the Petitioner: Standing Counsel of Kovappady Grama Panchayat R. Ranjith, and Advocates Santhan V. Nair, and Safal P. Salim

Counsel for the Respondents: Advocates Murleekrishnan R., J. Om Prakash, T.G. Sunil, C.X. Antony Benedict, and Emmanual Sanju

Citation: 2023 LiveLaw (Ker) 506

Case Title: Kerala State Tug of War Association v. Union of India & Ors. 

Case Number: WP(C) NO. 29885 OF 2023

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