Case Title – Mahipal Singh & Ors. Vs. Union of India & Ors.
Case Number – W.P. (C) 4601/2023
Dated on – 7th May, 2024
Quorum – Hon’ble Acting Chief Justice and Justice Manmeet Pritam Singh Arora
FACTS OF THE CASE
In the case of Mahipal Singh & Ors. Vs. Union of India & Ors., the Delhi High Court issued a judgment in the year 2018 appointing an administrator to take control of the Amateur Kabaddi Federation of India (AKFI) and ensure elections were held within three months to bring the constitution of the AKFI alignment with the National Sports Development Code of India (NSCI), 2011. In August 2018 this same judgment was confirmed by the Supreme Court of India. Subsequently, the elections were held for an interim body, which later amended the constitution of the AKFI but not in conformity with the NSCI. These amendments were challenged and there was a direction from the court for fresh election which were stayed due to the challenges. The court ordered fresh election again which were challenged but was held ultimately in the December,2023 under the supervision of a retired judge. However, these elections were conducted without the consent of the appointed Administrator and were considered as defrauding. Some state-level Kabaddi Associations claimed the affiliations with the AKFI but were not recognized by the Administrator. The Union of India sought directions for the Administrator to hand over the control to the elected body.
ISSUES
The main issue of the case whirled around whether the elections held in the December,2023 were valid?
Whether the state-level Kabaddi Associations were recognized by the Administrator?
Whether the Administrator should be directed for handing over the control to the elected body?
CONTENTIONS OF THE APPELLANTS
The Appellants, through their counsel, in the said case contented that the Appellants were dissatisfied with the actions of the Administrator in handling the affairs of the AKFI and that the Administrator was inefficient in complying with the directions of the court.
The Appellants, through their counsel, in the said case contented that they are willing to amend the constitution of the AKFI to align with the NSCI.
The Appellants, through their counsel, in the said case contented that despite the lack in the approval of the Administrator, they proceeded to conduct the elections under the supervision of the retired judge and that there is a perceived requirement for urgent action in the absence of effective administration.
CONTENTIONS OF THE RESPONDENTS
The Respondents, through their counsel, in the said case contented for the direction of the court to transfer the control of the AKFI to the democratically elected body, stressing on the importance of adherence to the democratic process.
The Respondents, through their counsel, in the said case contented that the elections were conducted in a fraudulent manner, as the elections were unauthorized by the Administrator and that such actions erode the integrity of the process of the election and violated the protocols of law.
COURT ANALYSIS AND JUDGMENT
The court in the case of Mahipal Singh & Ors. Vs. Union of India & Ors., observed that the elections conducted in the December,2023 were defrauded as they were conducted without the consent of the Administrator. The claim of the state-level associations for the affiliation were deemed as unlawful. The court in this present case, dismissed the petition of the Appellant with costs as they were involved in the elections conducted in a fraudulent manner. The request of the Union of India for handing over the control of the elected body was left pending before the Single Judge. The court stressed on the adherence to NSCI and directed the Single Judge to accelerate the pending matters. The court in this case, discovered no grounds to recall the previous order appointing the Administrator.
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Judgement Reviewed by – Sruti Sikha Maharana
