Sports case mhc judge stayed IN THE HIGH COURT OF JUDICATURE AT MADRAS (Special Original Jurisdiction)   W.P. No.               of 2022   Thiruvel azhagan @ Oomadurai, S/o. Mani,

                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

(Special Original Jurisdiction)

 

W.P. No.               of 2022

 

  1. Thiruvel azhagan @ Oomadurai,

S/o. Mani,sports case

No. 10, 58th Street, B. Block,

Ashok Nagar,

Chennai – 600 083.                                                                      …Petitioner

-Vs-

  1. The Secretary,

Ministry of Youth Affairs and Sports,

Room No.401, C-Wing, Shastri Bhawan,

New Delhi – 110 001.

  1. Amateur Kabaddi Federation of India,

Through the Learned ADMINISTRATOR,

E-386, Cabin B (Basement),

Greater Kailash –I,

New Delhi- 110 048.

 

  1. The Secretary to the Government of Tamil Nadu,

Youth Welfare and Sports Development Ministry,

Chennai – 600 009.

  1. The Member – Secretary and Authorized Signatory,

Sports Development Authority of Tamil Nadu,

No.16-A, E.V.R. Periyar High Road, Nehru Park,

Chennai – 600 084.

 

Page No:1

Corrn:

-2-

  1. The President,

Tamil Nadu Amateur Kabaddi Association,

MGR Stadium, Race Course Road,

Madurai – 625 002.

 

  1. The Secretary,

Tamil Nadu Amateur Kabaddi Association,

No.455-A, Kullikudi K.Chettipalayam,

AYYAM Palayam Road, K.N.P- Colony (PO),

Tirupur- 641 608.

 

  1. The Secretary,

Chennai District Amateur Kabaddi Association,

Peyandiamman Kovil Street, Kamarajar Road,

Mylapore, Chennai-600 004.                                                          …Respondents

 

AFFIDAVIT OF THE PETITIONER

 

I, M.Thiruvel azhagan @ Oomadurai, S/o. Mani, Hindu, aged about 40 years, having office at No. 10, 58th Street, B. Block, Ashok Nagar, Chennai – 600 083, do hereby solemnly affirm and sincerely state as follows:-

 

  1. I am the Petitioner herein and I am well acquainted with the brief facts of the case as stated hereunder.

 

Page No: 2

Corrn:

 

 

-3-

 

 

  1. The petitioner states that, the petitioner is a Kabaddi player and filing the writ petition to bring certain irregularities in functioning of Chennai Ambattur Kabaddi association and malpractice and failure to obey the National Sports Code in conducting election and as per the guidelines issued by the Madras High court.

 

  1. The petitioner submits that the petitioner is a prominent sports person in a field of kabaddi and has represented himself in various tournaments and won various championship all over the state and national levels. Further the petitioner had represented University of Madras during the year 2001 and 2002 and participated in the inter University south zone Kabaddi conducted by Osmania University, Hyderabad and also participated all India inter University tournament conducted by Guru Nanak Dev University Amritsar Punjab. The petitioner is one among the outstanding eminent sports man in the field of kabaddi. It is further to state that the petitioner was appointed through sports quota in the integral coach factory, Chennai and now the petitioner also training the students in the club.

 

  1. The petitioner submits that to enter into the Kabaddi tournament there are three levels of participation that is sub Junior, Junior and senior category (men and women). The participants who play in the above levels will be selected as a winning team in the district level and the winning team will participate in state level and thereon.

 

 

Page No: 3

Corrn:

-4-

It is relevant to state that this district level is entry level and very important for the clubs to progress in sports quota at the base level and further the players are progressed to the national level or thereon is based on the selection at the District level.

 

  1. The Petitioner states that the Chennai Amateur Kabaddi association is an association selecting the players at the district level. The third respondent now playing a vital role in selection of team about to play in the district and state level hence, the district level selection.

 

  1. The petitioner submits that in recent judgement of this Hon’ble High court in W.P.No.3447 of 2019 dated 19.01.2022 found that major discrepancy happening in the sports and selection of players and imposed certain directives. It is further submitted that certain legal framework has been framed by this Hon’ble High court that the organisation/association should compulsory register themselves with the state government and further directed that the mode of election of office bearers, should be as per the Sports Development code and also by the directives issued by the Hon’ble High court.

 

  1. The Petitioner submits that as per the National Sports Development Code Annexure-XXXVII the model election guidelines to be followed:

 

“1. Election notification should be informed 21days of notice

  1. Seven office bearers in addition 5 executive members.
  2. Permanent member shall intimate the names of the representative    that is duly signed by president (Day 1).

Page No: 4

Corrn:

-5-

  1. Shall president/secretary shall prepare the list of authorized representatives of the members and display on the website (Day 2).
  2. Nomination of candidates (Day 3 to 7).
  3. Scrutiny of nomination and Withdrawal (Day 8 to 10).
  4. Preparation of Final List (Day 11 to 15)
  5. Poll of remaining post and other procedures (Day 16).
  6. Polling date and result declaration date (Remaining days)

 

  1. The Petitioner submits that as per the National Sports Development Code the above procedures has to be followed to conduct, the election and further in W.P.No.3447 of 2019 dated 19.01.2022 this Hon’ble Courts directives has been passed in addition to the National Sports Development It is further relevant to states that this Hon’ble court has passed stringent directions to all the Association/Federation/Clubs in respect of conduct of election of members and their eligibility conditions.

 

  1. The petitioner submits that this Hon’ble Court further directed that no person shall be entitled to hold the post of president, vice president, secretary or any other important functionary in the association as well federation on the ground that they are financially contributing to the association. It is further submitted that bye law of Association has to be amended in consonance of the model election code, National Sports Development

 

  1. The petitioner submits that the seventh respondent are the highest body in selection of players of the state and the office bearers

Page No: 5

Corrn:

-6-

 

holding a post of non sportsman instead of eminent sports person would amounts to incapacity of selection of players, further the seventh respondent without following the orders of the this Hon’ble High court decided to conduct an election, as such conducted every year, without publishing or altering the model conduct of election and Association bye laws and decided to conduct election on 04.03.2022 by processing entirely on a single day.

 

  1. The Petitioner submits that the seventh respondent published election notification as to be scheduled on 04.03.2022 and the entire election date for filing nomination and deciding of office bearers everything is scheduled on the same day itself and further not even amended the model election code in the bye laws and as per the direction of this Hon’ble High Court and National Sports Development

 

  1. The petitioner states that entire election on 04.03.2022 is none other than formality of conducting without even obtaining the permission from the Tamil Nadu Amateur Kabaddi association. It is further to state that when the direction has being issued by the Hon’ble Madras High court after conducting the study in the sports field and also the central government who are brought amendment in the sports code in respect of changes in the official barriers of the association the entire election process now the second respondent carrying out is against the principle of law and this process should not allow to continue.

 

Page No: 6

Corrn:

 

-7-

 

  1. The petitioner submit that this Hon’ble court found that the selection of players will be  in purview of decision making power of selection committee consisting only of sports person in the respective association as well as sports federation hence it is necessary that every office bearers who are stood for election should possess the basic qualities of sports knowledge to participate in the election process, it is further the important functionaries in organisation would mean participation of sports at the state level with the participation at the national level and winning effort at the national level being a desirable qualification hence it is very clear that participation of sport person would be entitled to participate in the election process.

 

  1. The Petitioner submits that that transparency is the main concept that has to deal in aspect in association and it should have a website and all its financial and  aid granted by the sports development authority of the respective state as well as the union government must be furnished and the details of the applicants with the respective credential must also be mentioned in the transparency manner in the website and it is clear that every process of the organisation should be mentioned in the website. The petitioner having left with no other alternative other than to approach this Hon’ble court under article 226 of the Constitution of India among the following other

 

 

 

Page No: 7

Corrn:

 

-8-

 

GROUNDS

 

  1. The conduct of election by the Seventh respondent without following the procedure of the code of sport and completing the entire election process in one single day is totally illegal, arbitrary and only to facilitate the election of selected individuals of their choice.

 

  1. The central government directives by the code of sport introduced to regulate sports and this Hon’ble courts judgement to regulate sport is totally given a go by to exclude persons of integrity and merit over illegal choice of individuals.

 

  1. The Seventh respondent is continuously conducting themselves as an autocratic body ignoring all canons of law governing fields and liable to prosecuted criminally also.

 

  1. The Hon’ble high court directives that every Association has to be registered with government and office bearers should be prominent sports person and non-sports person and politician are not hold the post of office bearers.

 

  1. The mode of election process should be clear of 21 days and it has to be published in the website the details of the members and the candidates.

 

Page No: 8

Corrn:

 

 

-9-

 

 

It is therefore prayed before this Hon’ble Court may be pleased to issue an order, direction or writs especially in the nature of a Writ of Certiorified Mandamus calling for the records relating to the Election Notification ­­dated nil passed by the Seventh respondent and quash the same as illegal and direct the respondents 5, 6 and 7 to conduct the election as per the National Sports Development Code and directions of this Hon’ble Court in W.P.No.3447 of 2019 dated 19.01.2022 and pass such other orders as this Hon’ble court as may deem fit and proper in the circumstances of the case and thus render Justice.

 

  1. The Petitioner submits that election scheduled on 04.03.2022 and they are processing without following the National Sports Development Code and orders of this Hon’ble Court. Hence, they are violating the principles, Procedures and conducting illegal election which needs to be curtailed by the orders of this Hon’ble High Court. It is further submitted that the present secretary holding the post for more than twelve years against the guidelines of the national sports code which restrict for maximum of eight years.

 

It is also prayed that this Hon’ble Court may be pleased to grant in order of INTERIM STAY for operation of the Election Notification dated nil passed by the Seventh respondent pending disposal of the above writ petition and thus render justice.

 

Page No: 9

Corrn:

 

-10-

 

It is therefore prayed before this Hon’ble Court may be pleased to DISPENSE WITH the production of the impugned Election Notification dated nil passed by the Seventh respondent and thus render justice.

 

 

 

 

 

Solemnly affirmed at Chennai on                 Before Me,

this       day of February, 2022 and

signed his name in my presence.

Advocate- Chennai

Last & Page No. 10

Corrn:

 

 

 

 

 

 

 

 

 

 

 

 

 

You may also like...

WP Twitter Auto Publish Powered By : XYZScripts.com
Call Now ButtonCALL ME