Dissolution Of Sharad Pawar-Led Committee Of Maharashtra Wrestling Association Not In 'Sporting Spirit': High Court Sets Aside WFI's Decision

"Decision of the Executive Committee of WFI was, not only in breach of principles of natural justice, but behind their back…the procedural fairness has been given complete go-by, before taking the impugned decision", Justice Sandeep K. Shinde stated in his order.

NCP supremo Sharad Pawar had headed the MSWA committee for over 40 years, till it was dissolved by WFI on July 4, 2022. The High Court said that the elected body of the Association shall hold the office till its' tenure comes to an end and shall carry on its day-to-day functions in accordance with its Constitution.

In the petition filed last month, MSWA said that in a meeting held on June 30 WFI's national executive committee, headed by BJP MP from Uttar Pradesh Brijbhushan Sharan Singh decided to dissolve MSWA's committee citing failure to conduct certain tournaments. The decision was arbitrary, MSWA said.

The Executive Committee (EC) of WFI appointed three Members of Ad-Hoc Committee to conduct fresh election and run the day-to-day affairs of these Associations. Joint Secretary, Wrestling Federation of India was appointed as the Chairman of the Ad-hoc Committee. MSWA challenged this decision before the High Court.

The EC of WFI had reasoned that many complaints have been received against B. S. Landge, General Secretary of MSWA and the wrestlers are not getting any benefit due to mismanagement in the MSWA. Therefore, it unanimously dissolved the EC of the MSWA

The court noted that the agenda for the meeting did not contain subject to dissolve the unit members of WFI.

The court observed that MSWA was not heard and its elected Governing Council Members were not apprised of the allegations-cum-charges.

Langde was only present in the meeting as a member of the Executive Committee, the court said. The minutes of the meeting do not show material that the President of WFI relied on for dissolving MSWA was provided to Landge, the court stated.

The court further observed that local wrestlers and State officials made complaints against Mr. Landge alone, and not against other governing Council Members of MSWA

"Dissolving and superseding the elected body of Association is a harsh action and therefore the WFI ought to have afforded adequate opportunity to the elected Members of petitioner-Association before taking the decision", the court added.

The court noted that Clause (b) of Article VI, Constitution of WFI empowers the Executive Committee to impose and enforce penalty and/or to take suitable action against any member Association provided two-third majority members vote in favour of proposal and adequate opportunity of being heard is given.

"In the case at hand, leave aside, 'adequate opportunity', but not even, opportunity of being heard was given to Council Members and/or Office Bearers of the petitioner-Association", the court said.

The court said that the decision of the Executive Committee has to be ratified by the General Council; however there is nothing on record showing to show that the GC ratified the decision.

The court noted that under Article V(g) of the WFI Constitution, General Council alone has the power to appoint an ad-hoc committee. "Decision to appoint the Ad-Hoc Committee and further empowering the Ad-Hoc Committee to look after the day-to-day affairs and to hold the election of the petitioner-Association was equally illegal and bad in law", the court held.

Case Title: Maharashtra State Wrestling Association V/s. Union of India and Ors.

Citation: 2022 LiveLaw (Bom) 434 

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