Delhi High Court Appoints Former HC Judge Justice D.P. Singh As Returning Officer To Conduct The Elections Of Uttar Pradesh Kho Kho Assosciation

The Delhi High Court has appointed Justice D.P. Singh, former Judge of the Allahabad High Court as Returning Officer for conducting the elections to the executive body of the UPKKA. Justice Rekha Palli directed that the newly-appointed Returning Officer will also finalise the disputed list of the electoral college for the purpose of the election.

The matter arises wherein two members of the District Kho-Kho Association, Bijnor and Moradabad challenged the constitution of an interim committee for the management of the sport of Kho Kho in Uttar Pradesh by Kho Kho Federation of India, calling it to be in complete ignorance of the duly elected executive body of the  Association

Advocate Rupali Bandhopadhyay, appearing for the petitioners, argued that a duly elected body of Association was illegally dissolved and an Interim Committee has been constituted to take over the functioning of the UP Kho-Kho association which is a registered society. It is their case that the said interim committee was formed by illegally dissolving and superseding the UPKKA. 

Background 

The National Sports Federation governing the game of Kho-Kho in India is the Kho-Kho Federation of India (KKFI). Whereas, in Uttar Pradesh, the State Association for the sport of Kho-Kho is the UP Kho-Kho Association (UPKKA), for which elections were last held on 30th July, 2017 whereby a President, Tresurar and Secretary were appointed. 

On 30th January, 2021, KKFI has appointed an Interim Committee (IC) to take care of the functioning of the UPKKA on the premise that the said association has already been dissolved on 19th December, 2019. The IC as appointed consisted of a Chairmand and four-other members. 

Pointing out that the President of the IC is the former President of UPKKA, Advocate Mahajan, appearing for the petitioners, argued that the intention is to be to set up a parallel Kho-Kho Association at the State level and completely dissolve the present one. He also placed on record the agenda of the meeting arguing that nothing was decided for the dissolution of the UPKKA as falsely mentioned in the impugned letter.

On the other hand, Advocate Sachin Chopra, appearing for KKFI submitted that there were various irregularities in the UPKKA, which led to the decision to appoint an IC. He further questioned the locus and maintaibility of the petition arguing that the Allahabad High Court has the jurisdiction to entertain the present writ petition.

Findings

On perusing the memorandum, the Court noted that  the President is the ultimate authority in the UPKKA. However, it seemed anomalous that when the President is raising irregularities when he was in-charge of the said association and then he is appointed as the Chairman of the IC.

It further stated that there are irregularities attracting 'enormous suspicion' as the agenda of the meeting where the decision of dissolution is said to be taken, does not reflect the discussion on the issue sWhen the President himself was in-charge

Opining the need for further consideration, the Court passed an interim order directing the IC to not withdraw from the bank accounts of the UPKKA and maintaining status quo in respect of the members of the UPKKA with no further inductions. 

The Court also noted that the IC should consist of some independent members in the interregnum. 

With a view to resolve the controversy, it was subsequently proposed by the Court that the parties shall try to arrive at a consensus with regard to the names of senior/veteran players who could not appointed as an Interim Committee in place of the existing IC. 

Thereafter, the Court put to the parties if they would be agreeable for election of a new executive body of the UPKKA under a Court-appointed Returning Officer without getting into the question whether the appointing of an interim committee was justified or not. 

To the same, the parties proposed in unison that to put rest to all the controversies, the election of the office bearers of U.P. Kho-Kho Association be held expeditiously under the aegis of a former Judge of the Allahabad High Court. In furtherance of the same, Justice D.P. Singh, former Judge of the Allahabad High Court was appointed as the Returning Officer.

Meanwhile, Secretary of the Uttar Pradesh Kho-Kho Association sought a stay on the elections of the office bearers and Executive Committee of the KKFI, which was to be held in the interim as the IC, did not form a part of the electoral college for the said elections. 

Reluctant to stay the election, the Court directed that the result of the elections would be subject to the outcome of the petition. It noted,

"In case the petition were to succeed, the Court would consider whether it is necessary to pass any consequential orders granting Uttar Pradesh Kho-Kho Association an opportunity to be a part of the Executive Committee."

Thereby the Courts put it to the parties whether fresh elections to the Uttar Pradesh Kho-Kho Association could be held under the supervision of a retired Judge of the Allahabad High Court. It also noted that the divergence on the aspect of the electoral college for the said elections, be resolved by the Returning Officer  who will call for the list of the members forming the electoral college - both from U.P. Kho-Kho Olympics Association as also qua the U.P. Government's Sports Council and thereafter, finalize the electoral college after considering the objections of all aggrieved parties, including the Kho-Kho Federation of India.

It was further stated by the Court that that two observers - one from KKFI and one from UPKKA will be associated with the elections as appointed by the Returning Officer is requested by directing the aforesaid two bodies to send one nominee each. The Court requested the newly appointed Returning Officer is requested to endeavour to complete the election process within a period of 10 weeks. 

Furthermore, the Court clarified that just because the petitioner  has undertaken upon himself to bear the amount towards expenses for the election after making collections of contributions, it will not create any special right. The Court noted that it will open for the Returning Officer to determine whether the petitioner's association - District Kho-Kho Association, Bijnor, forms part of the electoral college, by following the process as noted hereinabove.

Title: Mukul & Anr v. Union of India & Ors

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