Maharashtra Wrestling Association Thr Its Executive Member vs Union Of India Thr The Ministry Of Sports And Youth Affairs And Ors
- Court
- Bombay High Court
2026:BHC-AS:24160
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Kolhe (Nagpur)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed by MANDIRA MILIND SALGAONKAR
Date: 2026.06.16 20:56:44 +0530
MANDIRA MILIND
SALGAONKAR
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 9607 OF 2023
WITH
INTERIM APPLICATION NO. 2909 OF 2026
Maharashtra Wrestling Association
Through its Executive Member
Vinagpalk K. Gadhve
Having office at, block No.24,
Pandit Nehru Stadium
Swargate Pune - 411022
.. Petitioner
Versus
1. Union of India
Through the Ministry of Sports and
Youth Affairs Government of India
Having address at Aaykar Bhavan,
Marine Lines, Mumbai.
2. Wrestling Federation of India
21, Ashoka Road,
New Delhi - 110001
3. The Returning Officer
Wrestling Federation of India
Olympic Bhavan, B-29,
Qutub Institutional Area, 7
New Delhi 110016
.. Respondents
4. Adhoc Committee
Wrestling Federation of India
Olympic Bhavan, B-29,
Qutub Institutional Area,
New Delhi 110016.
5. Maharashtra Rajya Kustigir Sangh
Through its President,
Mr. Ramdas Tadas
Shri Chhatrapati Shivji Stadium,
898, Mangalgar Peth, Pune 41 1011
(Maharashtra)
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Mr.Darius Khambata, Senior Advocate with Mr.Sharan Jagtiani,
Senior Advocate, Mr.Gaurav Mehta, Mr.Sankalp Sharma,
Mr.Priyank Kapadia, Ms.Dixita Gohil, Mr.Pranjal Agarwal,
Ms.Shweta Surana, Mr.Jatin Patil, Ms.Avanti Divam and
Ms.Sameera Pawar i/b Mr.Tushar Pawar for the Petitioner.
Mr.Abhay Khandeparkar, Senior Advocate with Ms.Neeta
Masurkar i/b Mr.Ajinkya Jaybhave for the Respondent
No.1/Union of India.
Mr.Yash Momaya with Mr.Hemant Phalpher, Mr.Munaf Virjee
and Ms.Tirtha Mukherjee i/b AMR Law for the Respondent
No.2.
Mr.Mihir Desai, Senior Advocate with Mr.Ajinkya Udane and
Mr.Vinayak Pandit for the Respondent No.5.
Mr.Prathamesh Bhargude for the Applicant in IA/2909/26.
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CORAM : BHARATI DANGRE AND
MANUJSHA DESHPANDE, JJ.
th
RESERVED ON : 29 APRIL, 2026
th
PRONOUNCED ON : 15 JUNE, 2026
JUDGMENT (PER : BHARATI DANGRE, J.)
(1)
The petitioner Maharashtra Wrestling Association
through its Executive Member has invoked the writ jurisdiction of
this Court seeking issuance of writ of mandamus/ writ of certiorari/
appropriate order or direction for quashing and setting aside the
order dated 21/07/2023, passed by the Wrestling Federation of India,
the respondent No.2 (hereinafter referred to as ‘WFI’). By amending
the petition, the petitioner also prayed for quashing and setting aside
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the order dated 18/04/2023, as well as the Resolution dated
16/04/2023, passed in the Extraordinary General Meeting (EGM) of
the General Council of WFI, and the report of the Disciplinary
Committee dated 03/04/2023.
The petition also seeks issuance of writ of mandamus for
quashing and setting aside the alleged disaffiliation of the petitioner
and to the contrary relief is sought to disaffiliate the Maharashtra
Rajya Kustigir Sangh i.e. respondent No.5 (hereinafter referred to as
‘Kustigir Sangh’).
Other reliefs in the petition existed in form of stay to the
effect and implementation of the impugned orders.
(2) The petition being filed in the year 2023, travelled to the
Apex Court and on 10/11/2023, instead of entertaining the Special
Leave Petition filed by the Maharashtra Wrestling Association seeking
interim relief, the High Court was requested to take up the main case
for final adjudication at the earliest and the SLP was disposed of.
Once again on 24/03/2025, the Apex Court directed the
Register (Judicial) to post the Writ Petition for re-hearing before the
Division Bench of the High Court as per the roster assignment and
that is how, upon the request being made by the parties and upon the
pleadings being completed, we have taken up the writ petition for final
hearing by consent of the parties and their respective counsel.
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(3) We have heard learned Senior Counsel Mr.Darius
Khambata along with learned Advocate Mr.Gaurav Mehta, for the
petitioner; whereas the Union of India is represented by learned
Senior Counsel Mr.Abhay Khandeparkar; learned counsel Mr.Yash
Momaya, has represented the WFI, and the respondent No.5 is
represented by Senior Counsel Mr.Mihir Desai along with learned
counsel Mr.Ajinkya Udane. Interim Application No.2909/2026 is filed
for intervention and the intervenor is represented by learned counsel
Mr.Prathamesh Bhargude.
Upon hearing the respective counsel, we deem it
appropriate to issue ‘Rule’, which is made returnable forthwith by
consent of parties.
(4) The petitioner, a ‘Trust’ registered under the
Maharashtra Public Trusts Act, 1950 is established with the object of
promoting wrestling in the State of Maharashtra. The petitioner upon
it being registered it was affiliated by the Wrestling Federation of
India since 1960 and as per the petition, it is the only body in the
State promoting wrestling. Apart from this, the petitioner is also
affiliated unit of Maharashtra Olympic Association and the petition is
accompanied with the letter issued under the signature of the
Secretary General of the said Association certifying it to be affiliated
to the Maharashtra Olympic Association.
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In the wake of its affiliation to the WFI since 1960, it is the
claim of the petitioner that it continued to engage itself in promoting
wrestling, however, it is aggrieved by the action of the WFI in
disaffiliating it and the contention raised in the petition is, that WFI
which is exercised this power was not competent to do so and
therefore, its disaffiliation is bad-in-law.
(5) Setting out the background, it is the case of the petitioner
that on 04/07/2022, an order issued by the WFI under the signature
of its President Shri Brij Bhushan Sharan Singh, it was declared that
in terms of the decision of the Executive Committee of WFI taken on
30/06/2022, in its meeting at New Delhi, it unanimously dissolved the
Maharashtra State Wrestling Association i.e. the petitioner and by the
said communication the Secretary of the petitioner was informed
about the same.
Being aggrieved, writ petition was filed before this Court
and by judgment dated 09/11/2022, the petition was made absolute
by holding that the Resolution passed in the meeting of the Executive
Committee of WFI on 30/06/2022 to dissolve and to supersede the
petitioner-Association, was unreasonable, illegal and unenforceable.
As a consequence thereof, the election held on 31/07/2022 by the Ad-
Hoc Committee of the Association was illegal and it was also quashed
and set aside. It was also declared that the elected body of the
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petitioner-Association, shall hold the office till its’ tenure comes to an
end and shall continue to carry on its day-to-day functions in
accordance with its Constitution.
At the same time, the Court also permitted WFI to take
recourse to such provision as it deems fit and proper, it being a
“person interested” within the meaning of Section 41-D of the
Maharashtra Public Trusts Act. This order attained finality as WFI
did not raise any further challenge.
The aforesaid scenario emerging after the action of WFI in
appointing Ad-Hoc Committee on the petitioner having failed and
since the affiliated District bodies elected the existing body of the
petitioner-Association and it had its tenure till December 2023, an
appropriate change report was submitted to the Charity
Commissioner, Pune.
(6) As far as the Wrestling Federation of India (WFI) is
concerned, it is the contention of the petitioner that it is governed by
a written Constitution and it is a Society established to encourage,
promote and control amateur wrestling activities. It is also
established for the purpose of granting affiliation to Wrestling
Associations of State and Centrally administered areas.
One of its key object is also to affiliate with Indian
Olympic Association and Union World Wrestling (UWW) and to
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arrange for participation of Indian Wrestling teams in International
Wrestling Championship and in case of Olympics, Asian and
Commonwealth games trough Indian Olympic Association.
The Constitution of WFI has also prescribed for its
membership and it comprises of (a) State Wrestling Association
(SWA) (b) Union Territory Wrestling Association (UTWA) (c) Services
Sports Control Board (SSCB) and (d) Railway Sports Promotion
Board (RSPB) (e) Union World Wrestling Bureau (UWWB) Members
and (f) Associate Members.
Article-V of the Constitution has prescribed for the
Management of WFI and the Executive Committee of the Federation
as per Article-V of the Constitution consist of 25% sportsperson
elected by General Council from amongst its members. The General
Council consist of representatives from the State/UT Wrestling
Association alongwith the representative from All Union Territories
Wrestling Association alongwith the representative from SSCB and
RSPB and one representative from UWW bureau with no right to vote.
The Constitution has also set out the duties of the General
Council, one of which is to elect office bearers within four years and
call for Regular and Special Meetings of the Council and it is also
authorized to impose or enforce penalties for violation of the
Constitution, bye-laws and Rules of the Federation. One of the duty of
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the Council includes disaffiliation or taking any suitable action
against any member unit for indiscipline, misbehavior or undesirable
activity, violation of the Constitution, bye-laws, Rules or directions of
the Council or Executive Committee issued from time to time, for not
functioning properly or not functioning at all, on the
recommendations of the Executive Committee or suo-motu. It is also
empowered to appoint Adhoc Committee to discharge the functions of
the Association till formation of new representative Association. It is
also the function of the General Council to institute, locate, conduct
and manage all meetings, promoted for selection of India’s wrestlers
for Olympic games and other International contest promoted or
partaken by the Indian Olympic Association and to select
representative for such other National wrestling contest as approved
by the Council.
(7) The Executive control of the Wrestling Federation of India
rests with its Executive Committee and the Constitution has also set
out its functions.
In addition, there is also provision for elections of the WFI
to be conduced as per the modern election guidelines of the Ministry
of Youth Affairs and Sports, Government of India and such elections
are to be held within four years in the General Council Meeting of WFI
where the Executive Committee Members and the Members of other
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Committees shall be elected from amongst the representatives of the
State/Union Territory affiliate units.
(8) As per the petition, on 17/11/2022 the petitioner received
an e-mail in form of a letter dated 15/11/2022, from the WFI
informing that an inquiry has been set up against the petitioner and
the Ad-Hoc body is constituted to handle its day-to-day affairs.
The notice addressed to the Secretary of the petitioner,
levelled the following allegations, by stating it to be serious;
“No election is held after 2015. If so, neither you have intimidated to the
WFI for holding the election nor asked WFI for deputing its observer to
supervise the election.
The Maharashtra State Wrestling Association never submitted its annual
audited statement of accounts and annual report of the Association to WFI.”
The notice contained a reference to show-cause notice
issued by WFI on 29/08/2018 in relation to the organization of the
Commercial League from 07 to 28/10/2018 without giving intimation
to WFI. Referring to the reply received from the petition, or where it
was mentioned that Commercial League was being organized for the
development of Maharashtra State Wrestlers, it was stated that an
impression was gathered that the Association was more interested in
organizing Commercial Tournaments rather than organizing National
Competitions. The show-cause notice further stated that the WFI
sought certain documents which included the copy of the Rules and
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Regulations of the competition, copy of the agreement with MWCL
sports, but there was failure on the part of the noticee to furnish such
documents.
(9) The show-cause notice further alleged that it had come in
the knowledge of WFI that the Selection Committee of the petitioner
Association was selecting those wrestlers who are fudging their date
of birth and even in this regard a show-cause notice was already
issued.
With reference to the previous notices and the replies
received, it was indicated that since it was not found to be satisfactory
a show-cause notice is being issued to show-cause as to why
disciplinary action should not be taken against it and the affiliation
granted shall not be withdrawn.
The said communication also intimated about
appointment of an Ad-Hoc Committee under the Chairmanship of Shri
Sanjay Singh, to look-after the day-to-day activities of wrestling in
Maharashtra State till completion of the inquiry.
The petitioner responded to the same on 22/11/2022,
with reference to the earlier order passed by this Court in Writ
Petition No.12237/2022 and a request was made to drop the show-
cause notice.
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(10) In the interregnum, it is alleged that on 21/01/2023, the
under Secretary to the Government of India Ministry of Youth Affairs
and Sports suspended the ongoing activities of WFI, in the wake of its
announcement to appoint an Oversight Committee and until the
Committee is appointed and take over the day-to-day activities of the
WFI, even the ongoing ranking competition was also cancelled and
WFI was directed to return entry fees accepted from the participants
for any ongoing activities.
It is in light of this development, the contention of the
petitioner-Association that WFI itself being subjected to suspension,
was not competent to take any action against the petitioner-
Association. As per the petitioner, the order of appointment of the
Committee on 23/01/2023 give the background by stating that the
Ministry is of the view that the WFI has not discharged its duty with
respect to redressal of player’s grievance and conduct the business of
the Federation in a professional manner and since the matter pertain
to the well being of the athletes, and there were allegations of sexual
harassment against the President, Officials and some Coaches of the
Federation, along with allegation of financial mismanagement of
arbitrariness in the functioning of the Federation from the prominent
athletes, the unprecedented situation warranted immediate action to
ameliorate the grievances of the sports person and promote the good
governance of WFI. As a result, an Oversight Committee was
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appointed as a purely interim measure and its terms were
categorically set out as below :-
i. “To inquire into the allegations of sexual misconduct, harassment and /or
intimidation, financial irregularities and administrative lapses levelled by
prominent sports person.
ii. To undertake day-to-day administration of the Wrestling Federation of
India.
iii. The Oversight Committee to complete the inquiry at the earliest by four
weeks.”
(11) Despite its activities being suspended, the WFI issued a
Circular on 06/04/2023 convening an emergency meeting of the
General Council of WFI on 16/04/2023 at Gonda (U.P.) with the
agenda of approving the minutes of the meeting of General Council of
WFI held earlier and to discuss the allegations levelled by few
wrestlers of Haryana State against the President and for discussing
certain other issues highlighted in the said notice. The petitioner
was, however, not invited to participate in the said meeting, but it
noticed name of an unknown name displayed in the section of
Maharashtra State affiliated body on the website maintained by WFI.
(12) The Returning Officer of WFI elections 2023 appointed by
the Indian Olympic Association invited the petitioner to present its
case in person on 21/06/2023, as to why petitioner should not be
allowed to nominate members to the electoral college. The petitioner
abided by the said direction and during its hearing, the petitioner
gained knowledge that another body was affiliated by WFI for the
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State of Maharashtra, but the petitioner never received any
communication from WFI in that regard. The Returning Officer by his
order dated 21/07/2023 rejected the petitioner’s claim to nominate
member of the electoral college by invoking the provision in the
Constitution of WFI citing Article-X (a), but it is the case of the
petitioner that it is not covered in either of clauses of the said
provision. The petitioner attended the hearing before the Returning
Officer and filed its say and on 21/07/2023, the Returning Officer
passed an order rejecting the petitioner’s claim to nominate two
members to the electoral college of WFI elections, 2023 and this is one
of the cause set out in the petition filed by the petitioner.
(13) The Returning Officer while rejecting the claim relied
upon certain record provided by WFI, as well as report of Disciplinary
Committee dated 03/04/2023, which recognized respondent No.5 to
be the valid and affiliated State Association since 16/04/2023. It was
also recorded that after the directions passed by the High Court when
the petitioner-Association had approached it, fresh orders were
passed by the WFI and new Executive Committee was brought putting
in saddle party No.1 and there was no challenge to the said action.
This order appointing the petitioner was made available to it at a
subsequent point of time and form the subject matter of challenge
before us.
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(14) The primary ground for challenge being that the report of
Disciplinary Committee of WFI is illegal as it was issued during the
suspension of WFI itself, by the Ministry of Sports and Youth Affairs
on 21/01/2023 and therefore, it had no authority to take any action
against the petitioner.
In addition, it is also submitted that the Oversight
Committee appointed by the Ministry of Youth Affairs and Sports has
submitted its report to the Ministry regarding the allegations of
sexual harassment, financial mismanagement and arbitrariness in
the functioning of the WFI and now even the said Committee has
ceased to exist. Apart from this, it is also pointed out in the petition
that the order issued by the Ministry also offered a clarification
regarding the invalidity and illegality of the decision taken during the
emergency general meeting of WFI dated 16/04/2023 when the
elections were announced despite suspension of the body. In
pursuant thereto the Ministry declared that the election process
initiated by WFI was null and void and requested the Indian Olympic
Association to constitute a Transitory Committee or Ad-Hoc
Committee to conduct the elections of Executive Committee of WFI
and also to manage its affairs.
(15) In support of the pleadings in the petition, the learned
Senior Counsel Mr.Khambata has vehemently asserted that despite
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under suspension, the suspended body of WFI illegally decided to
disaffiliate the petitioner during its emergency meeting and granted
affiliation to respondent No.5 for the State of Maharashtra and all this
took place behind the back of the petitioner, as the petitioner has not
received communication in respect of the affiliation of respondent
No.5. Apart from this, he would also submit that the decision to
withdraw the affiliation of the petitioner was based on the findings of
the report of the Disciplinary Committee, which is illegal, devoid of
authority and in violation of WFI Constitution itself. Apart from
accusation that the petitioner was never served with an order dated
18/04/2023, disaffliating the petitioner, Mr.Khambata would submit
that no opportunity was given to the petitioner to represent its case
and the order is arbitrarily passed. In specific, he would invite our
attention to the report of the Disciplinary Committee dated
03/04/2023 with the presence of Mr. Jagdish Kumar, as Executive
Member WFI, when the decision was taken to dissolve the petitioner-
Association. According to him, there existed an administrative void
after the activities of the WFI were suspended and it is his specific
contention that the order in turn even suspended the functioning of
the Executive Council, as well as General Council, as by order passed
by the Ministry of Sports on 21/01/2023 “all activities” of WFI were
suspended.
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By inviting our attention to the composition of the General
Council and Executive Council as provided in the Constitution of WFI,
he would express his astonishment as how the bodies can continue to
operate when the order of the Government imposes complete ban on
its activities, thereby suspending all its activities and therefore, he
posed a question how is it possible to say that Executive Council was
allowed to function. The learned Senior Counsel is extremely critical
in submitting that if the misconduct on part of its members including
serious charges like that of sexual harassment was under
investigation and that is a precise reason why its activities was put
under suspension, how is it that the General Council survived and
continued to discharge its function.
(16) By inviting our attention to the Constitution of WFI and in
particular of Article-V(g) read with Article-XIX providing for
constitution of Disciplinary Committee, Mr.Khambata would submit
that the Disciplinary Committee is to be appointed from amongst the
Members of the Executive Committee who shall be competent to deal
with the all matters pertaining to Disciplinary Regulations and if
there is no Executive Committee, how can a Disciplinary Committee
survive. Inviting our attention to Article-XXVI of the constitution he
would submit that the WFI General Council is to act on the
recommendation of the President of WFI either directly or through
the WFI Executive Committee and process involved issuance of a
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show-cause notice and an explanation to be sought. By specifically
submitting that Disciplinary Committee is a delegate of Executive
Committee and the decision taken must received approval of General
Council, Mr.Khambata, would submit that when the WFI itself was
under suspension and all its activities were suspended, how is it
competent to take an action against the petitioner Association.
Another point canvassed by Mr.Khambata in specific is
about the grounds on which disaffiliation is contemplated under
Article-XXVI and this restrict the actions of disaffiliation/de-
recognition/ suspension only to three specified grounds :-
i) Non-observance of lawful directives issued by the Wrestling
Federation of India from time to time to the satisfaction of the latter.
ii) Non holding election completion of the normal tenure for which the
office bearers are elected. Any extension of the tenure of the office
bearers will be subject to obtaining prior written permission from the
WFI.
iii) Not submitting annual audited statement of accounts, annual report
and list of current office bearers within the stipulated time period.
(17) By inviting our attention to the impugned order dated
18/04/2023, withdrawing its affiliation, the learned senior counsel
would submit that none of the grounds, which would have allowed
disaffiliation of any association affiliated by WFI existed. Inviting our
attention to order dated 18/04/2023, passed by the Secretary
General of WFI, he would submit that the said order is sans any
reason and this received approval of the General Council and in an
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attempt to justify the said order, by filing an affidavit, would not
remove the inherent lacuna in the same and therefore, it is his
contention that the order cannot be sustained. He would submit that
the report of the Disciplinary Committee dated 03/04/2023 clearly
bare out that Shri Jagdish Kumar, participated in the proceeding as
Executive Member, but if he was already removed as an Executive,
his presence itself makes the order illegal.
It is also the contention of Mr.Khambata that the
disaffiliation of petitioner-Association and the affiliation of
respondent No.5 both are unreasoned order and since the WFI was
under investigation through the Oversight Committee, the Executive
Committee of WFI was clearly instructed to abstain from being an
action with immediate effect and this was adopted as interim measure
till the inquiry was being conducted.
(18) The relief sought in the writ petition is therefore,
premised on the illegality adopted by WFI in taking action against the
petitioner, despite the fact that by order 21/01/2022 the Union of
India had suspended all its activities. The indulgence of the
Returning Officer of WFI is also seriously contested by alleging that
the entire action initiated by respondent Nos.2 and 3 is an act of
political vendetta and a foul play against petitioner so that the
petitioner is restricted in discharge of its functions. It is also alleged
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that this attempt results into violation of the mandate of the election
of the members of the petitioner-Association which was conferred
upon it by the District Associations when the body got elected in the
year 2019. Apart from this, the action is also called in question since
it is in breach of principles of natural justice and amounts to gross
abuse of the powers conferred on the WFI for the purpose of
overseeing the wrestling activities throughout the country.
(19) Mr.Khambata has also advanced his submissions about
the WFI being a “State” for the purpose of Article 12 of the
Constitution of India by submitting that it is amenable to the writ
jurisdiction of this Court under Article 226 of the Constitution of
India, by virtue of the nature of public function it discharges.
Reliance is placed upon the decision of Apex Court in case of Board of
1
Control for Cricket in India vs. Cricket Association of Bihar , adopting
a view that private entities exercising de-facto control over sport and
performing functions of public importance such a selection,
recognition, regulation and disciplinary control are subject to judicial
review, notwithstanding the absence of statutory status or direct
governmental control.
Reliance is also placed upon the decision in the case of Zee
2
Telefilms Ltd. v. Union of India , to submit that by this time it is a well-
1
(2015) 3 SCC 251
2
(2005) 4 SCC 649
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settled principle that any private organization performing functions
affecting public rights and interests, particularly in the sphere of
national sports governance, must act in a fair, transparent, and non-
arbitrary manner. If it fails to do so, such action would clearly violate
Article 14 of the Constitution of India, as arbitrariness is the very
antithesis of the principles of equality and fairness enshrined therein.
In short, it is a submission of Mr.Khambata that the
impugned orders are liable to be quashed and set aside and even the
recognition granted in favour of respondent No.5 also deserve to be
set aside for the ground set out in the petition and the arguments
advanced in support thereof.
(20) Learned Senior Counsel Mr.Abhay Khandeparkar,
representing the Union of India, contest the arguments advanced by
Mr.Khambata and he would placed reliance upon the affidavit filed by
the under Secretary in the Ministry of Youth Affairs and Sports,
affirmed on 02/04/2025. By inviting our attention to the order dated
21/01/2023, he would submit that the order in nowhere indicate that
the General Council of WFI is suspended and he would submit that
what was attempted by the impugned communication is stopping of
ranking competition and there is no indication that the functioning of
the Executive Committee which exercises executive control, over WFI
was suspended. According to him in the wake of appointment of an
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Oversight Committee and awaiting the appointment and its report
being submitted, the Executive Committee of WFI was instructed to
abstain with immediate effect as the day-to-day affairs were being
handled by the person appointed by the order.
In specific Mr.Khandeparkar would submit that the
General Council which is base of existence of the Federation cannot be
dissolved/suspended. By inviting our attention to the order issued by
the Ministry of Youth Affairs and Sports on 24/04/2023, learned
Senior Counsel would submit that the election process initiated by
WFI was declared as null and void and the I.O.A. was requested to
constitute Transitory Committee/Ad-Hoc Committee to conduct the
elections of Executive Committee of WFI and manage its affairs and in
specific the selection of the athletes and making of entries for
participation of sports person in international events for the interim
period when the election of Executive Committee of WFI are held and
newly elected body takes the charge. To the contrary, according to
Mr.Khandeparkar, the General Council was very much functional and
in fact by inviting our attention to the minutes of emergency meeting
of the General Council of WFI, it is his submission that the wrestling
activities in the Country was never intended to be stalled, as there are
various States Associations, who conduct various wrestling activities
in the State or inter-state and it was never the intention of the Union
of India to suspend the functioning of WFI in totality, but what was
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restricted according to Mr.Khadeparkar, is the ongoing ranking
competition which was cancelled and “ongoing activities” were
suspended but by no stretch of imagination, which shall be construed
as suspending the entire functioning of the General Council /
Executive Committee of WFI.
(21) We have also heard learned counsel Mr.Yash Momaya,
representing the respondent No.2, who has raised preliminary
objection about maintainability of the writ petition as he would
submit that the claim made by the petitioner relate to elections and
membership of WFI, which is a Society registered under the Societies
Registration Act, 1960. He would seriously dispute the position that
the issues with which the petitioner has approached this Court are
amenable to writ jurisdiction under Article 226 of the Constitution of
India. According to Mr.Momaya WFI is a private Society and is not
“State” in terms of Article 12 of the Constitution and at the highest
according to him, it may be amounting to “authority” which is not
amenable to writ jurisdiction.
It urged on behalf of WFI that for a writ to be maintainable
it would necessarily have to be in respect of public function of WFI
and in the present case there is no public function at issue and in any
case it is not the case pleaded in the petitioner as to how the writ
would lie as membership or elections are not public functions.
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He would placed reliance upon the following decision of
the Apex Court :-
a) Shobha vs. Muthut Finance (2025) SCC Online SC 177.
b) Zee Telefilms Ltd. v. Union of India (2005) 4 SCC 649.
c) St.Marys Education Society vs. Rajendra Prasad Bhargava
(2023) 4 SCC 498
(22) Drawing a distinction on the principle laid down in case of
BCCI vs. Cricket Association of Bihar (supra), he would submit that
the decision turn on discharge of the public functions of the BCCI,
undisputedly, i.e. selection of National Team, Regulation and Control
of the Sports of Cricket, to the exclusion of all others and disciplinary
action against the players, however, in the present case, the discharge
of function by respondent No.2 do not involve such functions, as
according to him, dispute before the Court concerns an internal
membership dispute. Apart from this, it is urged by Mr.Momaya, the
petitioner has an equally efficacious alternate remedy, as the findings
of the Disciplinary Committee and calling in question of respondent
No.5 eligibility to be affiliated are all matters which would fall within
Civil Court jurisdiction and would have to be decided on evidence and
for this purpose writ jurisdiction totally unfit.
(23) Mr.Momaya, would support the submissions of
Mr.Khandeparkar by submitting that the functioning of the General
Council was never suspended and only the day-to-day activities of WFI
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were directed to be taken over. According to him the Notification of
the Government of India specifically referred to “ongoing ranking
competition” and return of entry fees from the participants in the
ongoing activities and this unmistakably are executive, day-to-day
operational matters and these are the functions of the Executive
Committee and the Secretariat and not of the General Council, which
is a permanent body comprising of the State/U.T. member units. He
would submit that in fact the Notification of 21/01/2023 received a
clarification after two days, which contain a specific operative
direction issued on 21/01/2023 unambiguously instructing that only
the Executive Committee of WFI shall abstain with immediate effect
as an interim measure, from administering and managing day-to-day
activities of the Federation until further orders. He would submit
that there is no mention of General Council, Disciplinary Committee
or any other functionary of WFI.
Relying upon the clear intention of the Government of
India, confining itself to the Executive Committee and that too its
involvement in “day-to-tay activities”, Mr.Momaya would submit that
order of the Government of India cannot be read in a manner that
results in its expansion, wider than what is indicated by the
Government of India itself. He would also submit that the Notification
of 23/01/2023 expressly limited term of the Oversight Committee by
submitting that the Oversight Committee would complete inquiry at
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the earliest by four weeks and the Government of India itself on
17/02/2023 extended the Oversight Committee’s term by two weeks
and this is sufficient indication of the fact that the suspension was not
open ended and in fact the Oversight Committee submitted its report
on 05/04/2023, after which it is ceased to exist is his specific
contention of Mr.Momaya. He would also place reliance upon the
order dated 24/04/2023, passed by he Government of India, which
clearly record that after submission of the report by the Oversight
Committee, its role has come to an end and the Committee has ceased
to exist. The said order also annulled election process initiated by the
General Council Resolution dated 16/04/2023, but it do not annulled
the disaffiliation of the petitioner.
If the Government of India had suspended the General
Council or intended that the General Council had no power to
disaffiliate the petitioner, then it would have thrown some light upon
the said action, but the Government of India did not do so and this is
for the reason it never suspended the functioning of the General
Council. Apart from this, he would submit that even if the
Government of India desired to suspend the General Council of WFI,
there was no power to do so. He would submit that WFI is a Society
registered under the Societies Registration Act, 1960 and under the
provisions of the said Act, there is no power empowering Government
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of India to suspend, supersede or to take over the General Council of a
Society. The Government of India’s power as against National Sports
Federation is confined to recognizing/withdrawing its recognition for
the purpose of representing India at international events and
accessing government grants. The National Sports Federations
internal Society functioning, including its membership and the
discipline of its constituent units is not the Government’s domain and
even the National Sports Code on which reliance is placed do not
confer such power.
(24) It is asseverated by Mr.Momaya that the General Council
of WFI is, by the very design of its Constitution, a permanent and
continuous body comprising of the State/U.T. member units, as that
each State/U.T. Association sent two representations with one vote
each. The General Council is not capable of being “suspended” as a
“body” in the way that an Executive Committee or its office bearers
can because according to Mr.Momaya the General Council is the
Federation’s electorate, its sovereign body, the source of its authority
and therefore, it is incorrect to presume that it stood suspended by
the Government of India. Apart from this, the contention that
Disciplinary Committee stood suspended because it is a “Sub
Committee” of the Executive Committee is also misconceived, as he
would submit that the discharge of Disciplinary Committee functions
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qua a member unit is not a “day-to-day activities” of WFI and
therefore, neither covered by the Notification of 21/01/2023 or of
23/01/2023. According to Mr.Momaya, the Disciplinary Committee is
in the nature of Quasi Judicial body and nothing in the Notification
purported to suspend its functioning. According to him the
petitioners reading would lead to absurd consequences and it would
mean that during the brief tenure of Oversight Committee, no
disciplinary process whatsoever could have been conducted against
any State unit, even when the petitioner’s own conduct called for an
action. He would submit that when the petitioner marked its
appearance before the Disciplinary Committee on 03/04/2023 it did
not record any protest or advance any submissions on without
prejudice basis, but the petitioner voluntarily submitted to the
jurisdiction of the Disciplinary Committee and when it did not
succeed, now it cannot turn around and call in question the order of
the Disciplinary Committee on the ground that it had no authority to
do so. Similarly, for this very reason he would submit that calling in
question the participation of Mr.Jagdish Kumar, in the Disciplinary
Committee also is without any rhyme or reason.
(25) Mr.Momaya, has also submitted that the decision taken by
the Disciplinary Committee on 03/04/2023 is subsequently ratified
by the General Council on 21/12/2023 and he would placed reliance
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upon the decision in the case of Maharashtra State Mining
3
Corporation vs. Sunil . According to him the ratification is conclusive
of the question framed by this Court in its order dated 22/04/2025 to
the effect as to “whether the General Council at all had any authority
to undertake any such activity of either disaffiliation or granting
affiliation as granted to respondent No.5.” On 21/12/2023, General
Council of WFI comprising of the duly elected representatives of all
Member Units, convened after the conclusion of the elections to the
Executive Committee and to whose composition no infirmity
whatsoever is attributed and confirmed that the petitioner stand
disaffiliated as a member of WFI and respondent No.5 is affiliated. It
also categorically clarified that the powers to disaffiliate vests only
with the General Council and not with the Executive Committee or
any Sub Committee thereof.
According to Mr.Momaya, this decision of 21/01/2023 is
not challenged by the petitioner despite the fact that petition has been
amended on more than one occasion and this decision according to
him is conclusive.
(26) With the able assistance of respective counsel we have
perused the pleadings in form of petition along with its Annexures
and we have heard the respective counsel on behalf of the rival
3
(2006) 5 SCC 96
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parties.
The petition filed by the petitioner, a trust, affiliated to
the Wrestling Federation of India, has sought for quashing and setting
aside of the following orders :-
d) Order dated 21/07/2023, passed by the Returning Officer of WFI.
e) Impugned order dated 18/04/2023, passed by the WFI along with the
Resolution passed by the General Council of WFI as well as report of the
Disciplinary Committee dated 03/04/2023, ultimately resulting into
disaffiliation of the petitioner.
Though there is no challenge to the affiliation of the
respondent No.5, prayer clause (c) of the petition seek a mandamus
directing the WFI to disaffiliate the respondent No.5.
At this juncture, it is relevant to note that the petition was
filed on 31/07/2023 and it was permitted to be amended upon the
orders of its disaffiliation being passed by the WFI.
(27) The challenge in the petition and the relief sought are
primarily based on two principal grounds; the first ground pressed
into service being, that WFI itself being non-existent in the wake of
the order dated 21/01/2023, passed by the Government of India and
the existence of the administrative vacuum enabling the General
Council to take any decision, and hence the impugned order
disaffiliating the petitioner cannot be sustained, as the suspension
affected all administrative organs of WFI including the General
Council, the Executive Committee and the Disciplinary Committee.
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The second ground of challenge is the recommendation of the
Disciplinary Committee and the Resolution passed by the General
Council on 16/04/2023 which ultimately resulted into an order of
disaffiliation and this order, did not justify the exercise of power on
merits of the matter, as it is alleged that it is a premeditated action
and is an outcome of political vendetta.
The impugned order of disaffiliation is also challenge on
the ground that it is entirely disproportionate and the challenge is
also raised to the grant of affiliation of respondent No.5 by contending
that it is ex-facie arbitrary and motivated, despite the fact that the
respondent No.5 did not satisfy the mandatory requirements of
affiliation as contemplated in Article-XXIV (f) and (g) of the WFI
Constitution.
(28) We are called upon to test the aforesaid challenge and
before we come to the merits of the matter, we would deal with the
preliminary objections raised by Mr.Momaya about the writ petition
being not maintainable against Wrestling Federation of India on the
ground that it is neither “State” within the meaning of Article 12 of
the Constitution of India, nor is being amendable to the writ
jurisdiction of this Court.
In this regard it is to be noted that in the first round of
litigation, when the petition came to be dismissed by accepting this
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ground and the matter travelled upto the Apex Court, it is remanded
back with the specific direction to consider the aspect of the
maintainability of writ petition against the WFI.
Mr.Momaya, would place reliance upon the decision in
case of Zee Telefilms Ltd. v. Union of India (supra) and with regard to
the authoritative pronouncement, in this regard he would submit that
the duty to be discharged by a private body must necessarily muster
the test of being a ‘Public Duty’ in case where the writ Court is
approached.
The decision in case of Zee Telefilms Ltd. v. Union of
India (supra), by five judges Bench is carefully perused by us it is
worth to note that the majority view has clearly expressed its opinion
in the following words :-
“33. Thus, it is clear that when a private body exercises its public
functions even if it is not a State, the aggrieved person has a remedy
not only under the ordinary law but also under the Constitution, by
way of a writ petition under Article 226. Therefore, merely because a
non-governmental body exercises some public duty, that by itself
would not suffice to make such body a State for the purpose of Article
12. In the instant case the activities of the Board do not come under
the guidelines laid down by this Court in Pradeep Kumar Biswas vs.
Indian Institute of Chemical Biology, (2002) 5 SCC 111 hence there is
force in the contention of Mr.Venugopal that this petition under
Article 32 of the Constitution is not maintainable.”
However, it is also pertinent to note that on facts the
majority view clearly expressed that there can be no denial that the
Board of Control for Cricket in India (BCCI) discharge some duties like
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the selection of an Indian cricket team, controlling the activities of
the players and others involved in the game of cricket and these
activities can be said to be akin to public duties or State functions and
if there is any violation of any constitutional or statutory obligation or
rights of other citizens, the aggrieved party may not have a relief by
way of a petition under Article 32. However, the majority clearly
expressed as below :-
“ But that does not mean that the violator of such right would go scot-
free merely because it or he is not a State. Under the Indian
jurisprudence there is always a just remedy for violation of a right of a
citizen. Though the remedy under Article 32 is not available, an
aggrieved party can always seek a remedy under the ordinary course of
law or by way of a writ petition under Article 226 of the Constitution,
which is much wider than Article 32. ”
(29) Thus, the majority view did not favour entertainment of
the proceedings against BCCI, it not being State for the purposes of
Article 12 and the petition filed under Article 32 of the Constitution
was held to be not maintainable and same is dismissed. The minority
view, in great detail has deliberated on the issue in hand and observed
that the body regulating the game of cricket would be compelled by
the Court to abide by the Rule of law and particularly when it was not
in dispute that except the Board, there is no other authority in the
field. Applying the test laid down in considering whether a body
discharges a public function, the minority view clearly expressed that
BCCI has duties towards public as the public at large will look forward
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to the Board for selection of the best team to represent the Country
and thus, it has a duty to act fairly and it can not arbitrarily,
whimsically or capriciously. Public interest is thus involved in the
activities of the Board and it is thus, a State actor.
The minority view also dealt with the submission
advanced on behalf of the Board that once it is declared to be a
“State”, the consequences would be devastating, as all its activities
would be subject to government control and this submission was
turned down, by ruling that in absence of any statute or statutory
rules, no such control can ordinarily be exercised by the Union or
State.
However, it was clarified the question as to whether a
function of the Board would be a public function or a private or
function would ultimately depend upon the nature and character
thereof and the Court cannot be asked to provide a hypothetical
answer to the hypothetical question. The minority opinion, therefore,
clearly expressed that the writ petition under Article 32 of the
Constitution is maintainable.
In any case, the said decision, delivered by the
Constitution Bench, only hold that the remedy of approaching the
Apex Court under Article 32 against the BCCI was not available, and
this authority is not a precedent for concluding that a writ under
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Article 226 would not lie and to the contrary, the majority view have
clearly indicated towards such a remedy being available under Article
226.
(30) Per contra, when we perused the subsequent decision of
the Apex Court in BCCI vs. Cricket Association of Bihar (supra) relied
upon by Mr.Khambata, in relation to Board of Control for Cricket in
India, we find a clear view being expressed that though the said body
discharges public functions and it is not “State” for the purpose of
Article 12, it is clearly expressed that its amenability to writ
jurisdiction under Article 226 stands well settled and is not permitted
to be reopened. Reliance was placed upon the decision in case of Zee
Telefilms Ltd. v. Union of India (supra) as regards amenability of writ
petition of the Courts under Article 226. Reliance is placed before us
by Mr.Khambata on the decision of Delhi High Court in Haryana
4
Wrestling Association vs. Wrestling Federation of India , when the
Delhi High Court was approached for praying for issuance of writ of
certiorari to quash the order passed by the Returning Officer of the
Wrestling Federation of India when the representation of the
petitioner No.1 to revise the election schedule was rejected. Petition
also sought for quashing of the election of the named respondents on
the post of President, Secretary General and Senior Vice President of
WFI on the ground that they were elected in utter violation of
4
(2012) SCC OnLine Delhi 51
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Constitution of WFI.
The writ petition was entertained by the Delhi High
Court and on merits, the petition was allowed. By setting aside the
election of office bearers, as well as quashing and setting aside the
order of the Election Commission of India.
5
In Salcete Football Club v. Union of India , the Division
Bench of Bombay High Court at Goa was dealing with the grievance of
the petitioner registered Society affiliated with Goa Football
Association which raised challenge to the amendment with statute
which resulted in deletion of a particular clause of the GFA statute,
which provided that an Executive Committee Member shall ceased to
be a Member of the Committee if he or she has attained the age of 70
years.
Dealing with the objection raised about the
maintainability of the writ petition, reliance was placed upon the
decision of Apex Court in case of Board of Control for Cricket in India
6
v. Netaji Cricket Club , the Supreme Court held that BCCI exercised
enormous public function as it select players, umpires and other
officials, it exercises total control over them and having regard to the
enormity of the power exercised, the Board is bound to follow the
doctrine of 'fairness' and 'good faith' in all its activities and it cannot
5
2022 SCC OnLine Bom 1857
6
(2005) 4 SCC 741
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act arbitrarily or capriciously. The Division Bench also referred to a
decision of BCCI vs. Cricket Association of Bihar (supra), holding that
BCCI is amenable to writ jurisdiction of the High Court under Article
226 of the Constitution if it is not “State” within the meaning of
Article 12. In this regard, the Division Bench observed thus :-
“64. The undisputed material on record establishes that what is
BCCI to the game of cricket, AIFF is to the game of football at the
National level. Similarly, cricket clubs affiliated with BCCI at State
levels are comparable to Clubs like GFA affiliated with AIFF. They
all virtually hold a monopoly over significant aspects of football at
the State level. Mr.Kantak, however, submitted that the issue
raised in this petition concerns only the internal management of
GFA and, therefore, no public element was involved.”
65. Again, with respect, we are unable to agree. The GFA
discharges public functions mainly at the State level. Therefore,
placing an age cap on the office bearers is a provision conceived in
the public interest. This provision is accepted in the AIFF
Constitution and in the National Sports Code so that such
associations that wield the power to make or break the dreams of
football players and lovers are governed efficiently.”
The writ petition was entertained by the Division Bench
and Rule was made absolute in terms of its prayer.
(31) In light of the aforesaid legal situation emerging before us
through the aforesaid authoritative pronouncement, we reject the
preliminary objections raised by Mr.Momaya that a writ would not lie
against WFI as we hold that though it may not be “State”, in exercise
of the function discharge by WFI, a Society established for
encouraging, promoting and controlling wrestling activities in the
Country and since function assigned to it also clearly indicate that it
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shall arrange for participation of the Indian Wrestling teams in
International Wrestling Championship and in Olympics, Asian and
Commonwealth games and it aims to conduct systematic development
of the Wrestling Associations, on the lines of BCCI decision of the
Apex Court though we do not find that it is a “State” within the
meaning of Article 12 as it would involve the control over its
functionality by the State, but in our view it is amenable to writ
jurisdiction of this Court and we entertain the writ petition.
(32) One more submission of Mr.Momaya, that the petitioner
has an alternative and efficacious remedy as the subject matter of the
petition pertain to an election, do not appeal to us. He has placed
reliance upon the decision of this Court in Pune District Athletics
Association vs. Union of India (W.P.(C)No.14975/2022) as well as the
decision in case of Delhi High Court in Samadhan Swimming Club vs.
7
Union of India , in support of his submission that the remedy is
available to raise a challenge to the elections and the writ court shall
not entertain such grievance. In our view, even this objection is
equally without merit, as his objection about the maintainability of
the writ petition under Article 226, as we find that the challenge
before us is not to the election process of WFI or to the election itself,
but the petition raises a challenge to its disaffiliation and therefore,
we reject the objection.
7
(2018) SCC OnLine Delhi 10782
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(33) To deal with the first contention of Mr.Khambata that the
WFI was not in existence in the wake of serious accusation faced by it
and in light of the Notification dated 21/01/2023, which took within
its all activities of WFI, it is necessary for us to refer to the
Constitution of WFI to understand the ambit of its operation and
activities.
The Constitution of the WFI, highlight its objective, the
primary one being to encourage, promote and control amateur
wrestling activities and to affiliate wrestling associations of States
and to affiliate with the Indian Olympic Association.
WFI is a body which authorized the State wrestling
association for holding wrestling competitions of inter regional nature
in the country and it is the body which permit conduct of systematic
coaching camps for benefit of wrestlers and to do all such things as
may be conducive for the promotion and development of wrestling in
the Country.
It is worth to note that the membership of WFI comprises of :-
f) “State Wrestling Association
g) Union Territory Wrestling Associations
h) Services Sports Control Board (SSCB) and Railway
Sports-Promotion Board (RSPB)
i) UWW Bureau Members
j) Associate Members”
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All States Wrestling Associations and Union Territories
Wrestling Associations are entitle to send two representatives to the
General Council, each representative having one vote. All Union
Territories Wrestling Associations are, however, are entitled to send
one representative to the General Council, who will have one vote. As
far as SSCB and RSPB are concerned they are entitled to send one
representative to the General Council, who do not however, exercise
any voting right.
(34) The management of WFI (Federation) is carried through
its office bearers, headed by the President.
The Executive Committee of the Federation consist of
25% sports-persons elected by General Council from amongst its
members and it also include four eminent sports persons (02 male
and 02 female), who shall be nominated to the Executive Committee
with voting rights.
What is most relevant to note is the composition of the
General Council as prescribed in Article-V (c) which reads as under :-
“c) The General Council shall consist of :
i) “2 Representative from each member of Clause (a)
ii) 1 Representative from each member of Clause (b)
iii) 1 Representative from each member from Clause
without voting right (b)
iv) "UWW Bureau Members from Chause (c) This is to
meet the requirement of the UWW, which is the
international body for wrestling.”
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The election of the Office bearers of the General Council is
to be held within every four years.
(35) The duties to be discharged by the Council include the
formulation of Policy, Bye-laws, Rules, Regulations and Resolutions of
the Federation and the principle based on which it shall discharge its
function. It is the General Council which is entitled to confer
affiliation on the members of any organization as per its constitution.
It is also authorised to disaffiliate or take any suitable action against
any member unit for indiscipline, misbehaviour or any other
undesirable activity or for violation of the Constitution, bye-laws or
directions of the Council of Executive Committee issued from time to
time or for non-functioning properly or not functioning at all.
To the contrary, the Executive Committee is the body on
whom the executive control of the WFI rest. It is empowered for
carrying out the day-to-day functions including supervising the
finances and accounts, providing financial assistance to its members,
and it is responsible for supervision of the teams for National Games
under the auspices of the IOA, WFI, UWW and Asian Committee of
UWW during the period of games and to consider the annual report
prepared by the Secretary General and to submit it to the General
Council with its recommendations. It is also authorised to initiate and
recommend to the Council schemes for promotion and development of
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amateur wrestling in the Country along with its function to sanction
the expenditure and also to exercise such powers and to perform such
duties as may be assigned to it by its Council.
The Executive Committee is thus a delegate of the General
Council, but the main policy making body of WFI is the General
Council which has the composition of the membership of State/U.T.
Wrestling Associations and other members as set out in Article–III of
the Constitution of WFI.
(36) From the analysis of the Constitution of WFI, which has
recognized the General Council as the Principal Body and the
Executive Committee acting as its delegate as per its instructions, the
final authority lies with the General Council.
The Constitution of WFI has also provide for general
Disciplinary Regime and this include the Disciplinary Committee to
be appointed by the Federation from amongst the members of the
Executive Committee to deal with the matters pertaining to
Disciplinary Regulations and the Disciplinary Committee shall submit
its report or finding to the Executive Committee which shall be put up
for ratification of the General Council. Article-XXI of the Constitution
thus re-affirms the supremacy of the General Council, as a decision
taken by the Executive Committee warrant ratification from the
General Council.
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As a disciplinary measure Article-XXII make the
Federation member liable for the disciplinary sanctions including
warning, caution suspension, expulsion from the Federation.
In case of serious infraction, which calls for an immediate
action, the Constitution permit a decision to be made by the President
on the recommendation of the Disciplinary Committee.
(37) In the Constitution, Article-XXVI is a special provision of
Disaffiliation / De-recognition/ Suspension of State Associations and it
is a decision of the General Council to be taken on the
recommendation of the President WFI either directly or through WFI
Executive Committee on the ground contemplated in the said
provision after ensuring that the normal law of justice has been
observed i.e. show-cause notice being served and an explanation being
obtained and considered before a recommendation for Disaffiliation/
De-recognition/ Suspension is made and this includes the non-
obervance of the lawful directives issued by the Federation from time
to time to its satisfaction and two other grounds viz. non-holding of
elections on completion of tenure and non-submission of annual
audited statement of accounts, annual report and list of current office
bearers within the stipulated time.
In case a decision is taken by the General Council to
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disaffiliate an Association, the President of WFI has the authority to
constitute an Ad-Hoc body to look after the work of the disaffiliated
Association till such time fresh elections are held.
(38) It is in light of this Constitution, the argument of
Mr.Khambata deserve an appreciation as it is contended that on
21/01/2023, the Government of India suspended the activities by the
WFI. A clear reading of the communication reveal that the
Government of India announced its decision to appoint an Oversight
Committee on the WFI and in light of the said decision, it suspended
all the “ongoing activities” of the WFI with immediate effect till the
Committee is appointed and took over the charge of day-to-day
activities of the WFI. In order to achieve this goal it cancelled the
ongoing ranking competition and also directed return of entry fees to
the participants from any ongoing activities.
It is attempted to canvass before us by Mr.Khambata, that
this communication has suspended WFI itself which includes the
functioning of its General Council as the appointment of Oversight
Committee was staged in the background of serious accusations. What
is placed before us is a subsequent communication of 24/12/2023
issued by the Government of India and it is canvassed before us that
the action was necessitated in the wake of the allegations of sexual
harassment against former President, Officials and some Coaches of
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the Federation, as well as allegations of financial mismanagement and
arbitrariness in the functioning of the Federation.
By relying upon the aforesaid communication, it is
brought to our notice that subsequent to the Notification of
21/01/2023, since an unprecedented situation had arisen an
Oversight Committee was appointed keeping in mind, the principles of
International Olympic Committee policy on safeguarding of athletes
from harassment and abuse in Sports and for the implementation of
the principles of Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act, 2013 (POSH Act, 2013).
(39) The above communication perused by us, refer to the
appointment of the Oversight Committee and the decision of the
Ministry dated 24/04/2023 to declare the election process initiated
by WFI to be null and void and requesting the Indian Olympic
Association to constitute a Transitory Committee to conduct it
elections and to manage the affairs of WFI till the newly elected
Executive Committee take charge.
It is worth to note that the order refer to the elections of
the Executive Committee, but nowhere in the said order, issued by
the Government of India, there is even slightest indication of
suspension of the General Council and this is what has been
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vehemently asserted before us by learned Senior Counsel
Mr.Khandeparkar.
The IOA subsequently appointed Justice (Retd.) Mahesh
Mittal Kumar as a Returning Officer for conduct of WFI elections and
though the Notification was issued, it was stayed by various Court
orders, but the stay was finally vacated by the Supreme Court and the
Returning Officer was permitted to conduct the elections on
21/12/2023. Pursuant to this, the elections to the Executive
Committed were held and the President, Secretary and other office
bearers were elected.
The Government of India, however, took note of the
information available in the public domain, as it was widely reported
that all decision taken by IOA appointed Ad-Hoc Committee had been
cancelled indicating void in the governance of the Federation and
some decision taken by the newly elected raised significant concern
about the governance and procedural integrity. Expressing that the
decision ex-facie reflected complete arbitrariness and militate against
settled principles of good governance besides being devoid of
transparency and due process, as the Secretary General was not
involved in the meetings of Executive Committee and this warranted
immediate attention.
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Further noting that the unilateral decision-making
process that was adopted was in breach of the internal Federation
norms and also contradicted the broader ethos of accountability and
inclusivity, to deal with the unprecedented situation warranting
immediate measures to have good governance, in consonance with
the provisions of the National Sports Development Code of India, 2011
and in compliance of the International Olympics Committee policy,
instructions were issued that the “newly elected Executive
Committee” of the WFI shall abstain from administering and
managing the day-to-day activities of the Federation until further
orders.
(40) We have also perused one more Notification issued by the
Government of India on 24/04/2023 with reference to the order
23/01/2023 appointing an Oversight Committee for the WFI. The said
Notification records that the Oversight Committee submitted its
report to the Ministry, which was under examination and some time
would be consumed to act on the recommendations though the
Government of India noted certain grave lacunas like absence of duly
constituted internal complaint committee under the POSH Act, 2013
etc. and expressed the needs for transparency and consultation with
the Federation and stakeholders. However, on 24/04/2023 it was
clearly noted that on submission of the report of the Oversight
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Committee its role has come to an end and the Committee has ceased
to exist.
(41) With reference to the notice published on the website of
WFI which revealed that the elections of the Executive Committee
were scheduled on 07/05/2023, the Government of India was of the
view that in light of the findings of the Oversight Committee, the
election to the Executive Committee should be conducted under a
neutral body and since Wrestling was an Olympic sport and WFI was
an affiliate Member of the Indian Olympic Association, the
Government of India deemed it appropriate to request IOA to
constitute a Transitory Committee or Ad-Hoc Committee to conduct
the election of its Executive Committee and manage its affairs which
included selection of athletes and making entries for the participation
of sportsperson in international events for the interim period when
the election to the Executive Committee were in the pipeline and the
newly elected body take charge.
(42) A clear reading of the aforesaid communication dated
24/12/2023 to be read with a Notification dated 21/01/2023, issued
by the Government of India, thus, make it evidently clear that the
discharge of powers by the Executive Committee of WFI were
suspended or kept in abeyance and there was no suspension ever of
the General Council.
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We agree with Mr.Momaya and Mr.Khandeparkar that the
General Council would not have been suspended by the Government
of India, as per the Constitution, it being the Principal Body policy
making body of WFI which included the representatives from the
State/U.T. Wrestling Associations, as well as SSCB and RSPB and
other Associate members.
We do not find any power in the Government of India to
suspend the General Council which is responsible for formulating the
policy, bye-laws, rules, regulations of the Federation, the General
Council being elected after every four years. There is no provision
which is pointed out to us, which would enable the Government of
India to suspend the General Council of the Society i.e. WFI. We
therefore, did not find merit in the contention of Mr.Khmbata that the
action taken to disaffiliate the petitioner by the General Council is
beyond its competence, as the General Council ceased to exist on the
day when the impugned order is passed.
(43) As far as the contention of Mr.Khambata that the action of
the General Council in passing the impugned order is malafide, and
the contention that it is a repeated attempt on the part of WFI to
eliminate the petitioner-Association, we have carefully examined the
said contention. It is worth to note that on 04/07/2022, WFI had
informed the petitioner that in its meeting held on 30/06/2022, a
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decision was taken to dissolve the Maharashtra State Wrestling
Association.
The petitioner approached this Court and in Writ Petition
No.12237/2022, the Division Bench of this Court declared that the
said decision was unreasonable, illegal and unenforceable. The
subsequent election conducted by the Ad-Hoc Committee on
31/07/2022 was also declared as illegal. The High Court declared
that the elected body of the petitioner will hold office till its tenure
come to an end and shall carry its day-to-day function in accordance
with its Constitution.
This decision being delivered on 09/11/2022, a show-
cause notice was issued to the Secretary of the petitioner-Association
in accordance with Article-XXVI of the WFI Constitution and it
accused the petitioner of two charges; (i) no election being held after
2015 and (ii) the Association has not submitted its annual audited
statement of accounts and annual report of Association to WFI.
In addition, it is also alleged that a request was made by
the General Council of WFI to conduct the National Championship to
it, but at the last stage, it refused to hold a competition, which caused
lot of trouble to the WFI and also to the participating wrestlers and
this included the two National Wrestling Championship and one Cadet
National Wrestling Championship.
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The show-cause notice alleged that WFI had issued a
notice on 29/08/2018 in respect of organization of the commercial
league without forwarding any intimation to WFI and reply was
received that it was being organized for development of Maharashtra
Wrestlers. The WFI in its show-cause notice, therefore, found it
surprising that the petitioner was more interested in organizing
commercial tournaments then in conduct of national competitions.
It also sought certain documents which included the
balance-sheet of the petitioner-Association for Financial Year 2017-
2018, but the documents were not received. Another serious
accusation was levelled to the effect that the selection committee of
the petitioner-Association was selecting Wrestlers who were fudging
their date of birth and a show-cause notice was issued in that regard
on 17/04/2018, but no satisfactory reply was received.
(44) The show-cause notice issued to the petitioner sought
response from the petitioner-Association by asking it to show-cause
notice, as to why disciplinary action should not be taken against it
and the affiliation shall not be withdrawn. Till completion of inquiry
the Ad-Hoc Committee under the Chairmanship of Mr.Sanjay Singh
was directed to look after the day-to-day activities of Wrestling in
Maharashtra State.
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A reply was received to the said show-cause notice and
though in exercise of its writ jurisdiction we may not get into the
justiciability of the stand/defence adopted, as we find that in exercise
of our writ jurisdiction we may not be in a position to weigh the
evidence, either supporting the accusation or the evidence in defence
thereof, but in exercise of our writ jurisdiction we can only examine
the fairness in the decision making process.
Suffice it to note that after receipt of the response from
the petitioner, the Disciplinary Committee of the WFI submitted its
report on 03/04/2023 and we find that in the whole process the
Secretary of the Association Mr.B.S.Landge, had actively participated
as in response to the show-cause notice issued on 13/11/2023, and it
is he forwarded his reply on 22/11/2023 and 02/12/2023.
(45) The Disciplinary Committee noted that the proof
submitted by Mr.Landge in respect of observer from WFI was fake and
it was verified from WFI’s office administration which denied receipt
of any such mail.
Apart from this, the Disciplinary Committee observed thus :-
th
“As mentioned in the letter of the Secretary General, WFI's letter dated 30
November 2022 that Sh.B.S.Landge had signed a sponsorship contract with
Amanora Park Town, City Corporation Limited for a period of 5 years for
organizing the Maharashtra Kesari and State Wrestling Championship. On
nd
2 January 2020, the competition was executed at Pune and Sh. B.S.
Landge also received an amount of Rs.15 lakhs as Royalty from the
Amanora Park Town, City Corporation Limited. The entire expenditure of
about Rs.65,89,251/- was incurred on the organization of this competition
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by the Amanora Park Town, City Corporation Limited [Copy Enclosed]. On
the other hand, Sh. B.S. Landge also sent a letter to the Maharashtra Govt.
stating that total expenditure of Rs.2,39,22,940/- will come for holding the
above competition. Sh. B.S.Landge also stated in the said letter that an
amount of Rs.1,69,22,940/- will be arranged through sponsorship and
requested to the Maharashtra Govt. to provide the financial assistance of
remaining amount of Rs.70 lakhs for holding the said competitions. The
Maharashtra Govt. sanctioned an amount of Rs.42,18,000/- for this
competitions [copy enclosed]. As mentioned in the letter of M/s.City
th
Corporation Limited dated 11 July 2022 [copy enclosed] that the entire
expenditure of Rs.65,89,251/- was incurred by the Amanora Park Town,
City Corporation Limited for holding the above competition and a royalty of
Rs.15 lakhs was also paid to Sh.B.S.Landge. On the documents produced
before the Committee, it is not understood where Sh.B.S.Landge spent the
money of Rs.42,18,000/- received from the Maharashtra Govt. for the said
competition by giving false information to the Maharashtra Govt.
During the enquiry, the Committee asked Sh. B.S. Landge to produce the
sponsorship contract signed with Amanora Park Town, City Corporation
Limited for a period of 5 years for organizing the Maharashtra Kesari and
State Wrestling Championship. Sh. B.S. Landge denied to signing any such
contract. On the other hand, an Agenda Item No. 6 of the Executive
Committee of Maharashtra State Wrestling Association, it is clearly
mentioned that the agenda items had brought before the members for
approval the above contract [copy enclosed].
With regard to the organization of the National Competitions in
Maharashtra State, Sh.B.S. Landge pointed out that the 2018 Cadet National
Wrestling Championship was organized under the aegis of Maharashtra
State Wrestling Association while on checking the records, this competition
was allotted to Sh. Vijay Barate, the then Associate Vice President of WFI
after refusing by Sh. B.S. Landge [copy enclosed]. Similarly, the Under-23
National Wrestling Championship was also allotted to the Rahata Taluka
Taalim Sangh, Ahamednagar after refusing by Sh. B.S. Landge.
A documents in respect of the Emergency Executive Meeting of
th
Maharashtra State Wrestling Association held on 26 November 2022
under the Chairmanship of Sh. Sharad Pawar, was also produced before the
Committee. This document revealed that Sh. B.S.Landge had resigned from
the post of General Secretary. On being asked about the minutes of the
meeting, Sh. B.S. Landge denied the resignation and explained that it was
the proposal. But as per the minutes of the meeting which had signed by Sh.
B.S. Landge, it is clearly mentioned that Sh. Sharad Pawar, President, Sh.
B.S. Landge, General Secretary & Sh. Namdevrao Mohite, Working
President have resigned from their respective posts.”
(46) The findings of the Disciplinary Committee were
crystallised as below :-
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“Findings
After hearing carefully to Sh. B.S. Landge, the following conclusions were
observed :
‘M/s. Amanora Park Town, City Corporation Limited signed
the contract with Sh.B.S.Landge and the grant sanctioned by the
Maharashtra Government, are only because of the Maharashtra State
Wrestling Association is affiliated to WFI. The WFI has given recognition
and membership to Maharashtra State Wrestling Association only to
promote the amateur wrestling in the State, but by organizing the
professional wrestling, Sh.B.S. Landge proved it that he is running wrestling
activities in state only for making money. The expenditure incurred on
organizing the State Championship has been huge and unbelievable. It
seems that a huge amount of money was embezzled to organize this
championship, which has been concealed by Sh.B.S. Landge. He misused the
name of WFI by signing the contract with M/s. Amanora Park Town, City
Corporation and collected huge fund from them. The Government of
Maharashtra has also considered sanctioning a huge amount to
Sh.B.S.Landage because MSWA is affiliated to WFI.
The proof submitted by Sh. B.S. Ladnge in respect of
requesting Observer from WFI, looks fake as the WFI's staff has denied to
receiving any such email.
The National Championships allotted to Sh.B.S.Landge were
organized by the local sport-lovers in Maharashtra State after refusing by
Sh.Landge.
The Minutes of the Emergency Executive Meeting of
th
Maharashtra State Wrestling Association held on 26 November 2022
clearly shows that Sh.B.S.Landge has resigned from the post of General
Secretary with his consent.
Keeping in respect of the Hon'ble Court order, the WFI can't dissolve the
Maharashtra State Wrestling Association led by Sh. B.S. Landge Landge but
can withdraw its affiliation from Maharashtra State Wrestling Association.
Therefore, after detailed discussion, the Committee recommends taking
appropriate action to withdraw the affiliation of Maharashtra State
Wrestling Association led by Sh. B.S. Landge. The committee also
recommends that till the new body is formed, the Ad-hoc Committee should
continue to look after the day-to-day affairs in Maharashtra”
(47) This report of the Disciplinary Committee of the WFI was
placed for consideration before the General Council in its meeting
held on 16/04/2023 at Nandini Nagar, Gonda (U.P.). The minutes
make a reference to the Disciplinary Committee and its decision to
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withdraw the affiliation of Maharashtra State Wrestling Association
lead by Mr.B.S.Landge.
This meeting also has a reference of a request made from
Mr.Ramdas Tadas, President, Maharashtra Rajya Kustigir Sangh to
confer affiliation on their Association for the State of Maharashtra
and since the Secretary General, WFI informed the General Council
that Association of Mr.Ramdas Tadas has extended its full support to
the Ad-Hoc Committee of Maharashtra Wrestling Association in
organizing State Wrestling Championship, selection trials etc. and its
application for approval of affiliation shall be considered, the General
Council of WFI unanimously agreed to withdraw the affiliation of the
petitioner-Association and approved grant of affiliation to
Maharashtra Rajya Kustigir Sangh led by Mr.Ramdas Tadas i.e.
Respondent No.5.
This was followed by an order formerly issued by WFI on
18/04/2023, with reference to the meeting held on 16/04/2023, at
Gonda (U.P.) withdrawing the affiliation of the petitioner-association.
(48) From the minutes of the Disciplinary Committee, we are of
the view that the conduct of the petitioner-Association was highly
objectionable and as the show-cause notice accused it of focusing on
commercial interest by abdicating its function to conduct the National
Wrestling Competition. The Disciplinary Committee has arrived at a
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conclusion that Mr.Landge was responsible for embezzlement of a
huge amount of grant sanctioned by the Maharashtra Government
only on the ground that it was affiliated with WFI and he even went to
the extent of misusing the name of WFI by signing a contract with
private entity and collecting huge fund.
The Disciplinary Committee also found that Mr.Landge
had wrongly faked that a request was made for appointment of an
Observer from WFI, but no response was received rather than the
National Championship could not be organized by the petitioner-
Association, and it was conducted through local sports lovers in
Maharashtra causing huge lot of embarrassment to the WFI.
(49) We find the findings reached by the Disciplinary
Committee to be of substantial nature and as an affiliating body, WFI,
in the wake of provision in its Constitution subjected the petitioner-
Association to disciplinary proceedings and disaffiliated it by
affording an opportunity to the petitioner-Association in form of a
show-cause notice and the response was called from the petitioner-
Association. The response was received from Mr.Landge, Secretary
General of the Association, we do not find that there is any violation of
principles of natural justice or that the procedure contemplated in
law has not been followed.
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As we have already indicated that we may not be in a
position to get into the merits of the matter, since as a writ court we
are bound to examine only the decision making process and not the
decision by itself and even though arguments are advanced by
Mr.Khmbata about the political vendetta being attempted to settle, in
absence of any proof thereof or persons exercising such power or
authority being impleaded as respondents before us, we refrain
ourselves from accepting the said contention advanced by
Mr.Khambata.
(50) There is a challenge in the petition even to the decision of
the Returning Officer, in not accepting the nomination of the
petitioner and this is also examined by us in great detail.
It is pertinent to note that the petitioner-Association made
a representation to the Returning Officer of WFI on 19/06/2023,
claiming that it is affiliated to WFI since 1960 and it is the only State
Body promoting Wrestling in State of Maharashtra. Staking that the
petitioner body fulfilled all the criteria as set out in the Constitution of
WFI, it sought nomination of two members to the electoral college and
it also raised a grievance that the action which is proposed against
the petitioner was not sustainable since WFI itself was under
suspension and all its activities were suspended perceiving an
appointment of Oversight Committee.
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The Returning Officer of WFI on 21/07/2023 passed a
detailed order, when he had two rival claims before him as two set of
nominations were received from the State of Maharashtra, namely,
party No.1 Mr.Ramdas Tadas and Mr.Yogesh Dodke nominating
themselves as President and General Secretary from ‘Maharashtra
Rajya Kustigir Sangh’, whereas from party No.2 Mr.Dayanand
Ramchandra Bhakta and Mr.Waman Maroti Ghadge nominated by
Mr.Sharadchandra Govindrao Pawar and Mr.Balalasaheb Shankarrao
Landge as President and General Secretary from ‘Maharashtra State
Wrestling Association’.
By making reference to Article-IV on the Constitution of
WFI, where only two Executive Members can be nominated as
representative and entitled to vote at the election, the Returning
Officer sought clarification/evidence to substantiate their respective
claims.
The order of Returning Officer record that on the basis of
the material furnished by the WFI representatives, it was found that
party No.2, Mr.Sharadchandra Govindrao Pawar and Mr.Balasaheb
Shankarrao Landge, were respectively the elected President and
General Secretary of ‘Maharashtra State Wrestling Federation’, but
the said unit of the State was dissolved by WFI on 30/06/2022, and its
dissolution being challenged before the High Court, by order dated
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09/11/2022, it was declared that the elected body of the petitioner-
Association was entitled to hold office till its tenure came to an end.
However, on 26/11/2022, at an emergency meeting of the Executive
Committee of State unit, Mr.Ramdas Tadas was nominated as
President and Mr.Dayanand Bhakta was nominated as General
Secretary.
On the aforesaid positions being filled through
nominations and not by election, and the decision of dissolution of the
State unit by WFI was reversed by the High Court and the State unit
subsequent to the order of the High Court nominated new President
and General Secretary Mr.Ramdas Tadas and Mr.Dayanand Bhakta,
however, Mr.Landge, who was General Secretary and the petitioner in
the High Court of Bombay, did not approach WFI or file any case
against the State unit or WFI when he was stripped of the post of
General Secretary, but on 05/05/2023, he informed the Ad-Hoc
Committee of WFI that the situation had remain unchanged as was
pointed out by the Bombay High Court and he continued to be the
General Secretary and Mr.Sharadchandra Pawar was the President of
the State Unit.
The Returning Officer, however, observed that to the
contrary, the report provided by WFI and the report of the
Disciplinary Committee of WFI dated 03/04/2023 indicated that the
new Executive Committee of the State Association (party No.1) has
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shown as Mr.Ramdas Tadas, as President and Mr.Yogesh Dodke as
General Secretary and the name of five other office bearers were also
given and these names were in public domain having been uploaded
on the website of WFI.
(51) It is in light of the aforesaid, the Returning Officer passed
the following order :-
“I have thoughtfully considered the oral and written submissions made
by both the factions. Mr. Bhupender Singh Bajwa, Member Ad-hoc
Committee and other WFI representatives have provided information
available with the WFI.
On facts, it has remained undisputed that Party No.1 namely
Maharashtra Rajya Kustigir Sangh has not been able to obtain any
recognition from the State Olympic Association for any reason
whatsoever. Likewise Party No.2 Maharashtra State Wrestling
Association has no affiliation and recognition from Wrestling
Federation of India. Article XXIV (f) of the Constitution of WFI
mandates that WFI shall not affiliate a Sports Unit of any State that has
not been affiliated /recognized by the State Olympic Association which
in turn is affiliated to the Indian Olympic Association. The aforesaid
provision is set out below verbatim:
“The WFI shall not affiliate a Sports Unit of any State that
has not affiliated recognized by the State Olympic
Association which is affiliated to the Indian Olympic
Association.”
The aforesaid provision provides for a mandatory requirement
of affiliation / recognition by the State Olympic Association and then by
the WFI. The factual position as depicted during the hearing and from
record does not leave “ any manner of doubt that both the rival groups
either lack affiliation with the State Olympic Association or the
Wrestling Federation of India. Accordingly, both would not qualify to
nominate any member of their Executive for constitution of Electoral
College. I also find that there is a serious deadlock between the rival
groups. The Maharashtra State Wrestling Association approached
Bombay High Court. After the directions of the High Court orders have
been passed by the Wrestling Federation of India and a new Executive
Committee was brought putting in saddle Party No.1. As on date Party
No.2 did not challenge that action before any court of competent
jurisdiction. Obviously, they could have approached Bombay High Court
but they allowed the deadlock to linger on. As a Returning Officer, I feel
restricted to adjudicate whether the action taken by WFI suffers from
any legal infirmity. The jurisdiction for such exercise of power lies
elsewhere and Party No.2 could have easily sprung into action.
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Therefore, keeping in view the serious deadlock, I do-not feel it safe to
permit either of the parties to nominate any of its members to
constitute Electoral College. In- that regard, I invoke the provision of
Article X (A) which provide that a member association would
automatically cease to be a member of the Wrestling Federation of India
in case his State / UT is divided which is the status as on date.
As a sequel to the above discussion, I find both the rival factions
ineligible to nominate any of their members to constitute Electoral
College and reject their claims.”
(52) In any case, we find that in this regard much water has
flown and we are unaware whether elections of WFI were conducted
without any representation from Maharashtra, but in any case, we
find the decision of the Returning Officer to be justified as he did not
allow either of the petitioner and that of respondent No.5 to send its
representatives in the election of the WFI and at this stage it is too
late in the day to examine the legality of the said issue.
(53) We must also note that there is no challenge to the
affiliation of respondent No.5 by WFI in the petition and we have
heard Mr.Khambata asserting that the said body is not affiliated to
Indian Olympic Association. However, Mr.Momaya, has pointed out to
us that this discrepancy no longer exist as respondent No.5 has
received affiliation as on date.
(54) It is also noted that the decision taken by the General
Council on 16/04/2023 followed by the recommendation of the
Disciplinary Committee on 03/04/2023, was ratified by the General
Council on 21/12/2023 and we find that there is no challenge raised
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to the ratification, which has attained finality and in absence of any
challenge raised to the order dated 21/12/2023, we are not inclined to
show any indulgence in setting aside the said decision.
(55) In light of the aforesaid, on entertaining the writ petition
despite a vehement opposition from Mr.Momaya representing WFI
and on appreciation of the rival contentions advanced before us, since
we do not find any legal flaw in the decision taken by the General
Council of WFI reserving to disaffiliate Maharashtra Wrestling
Association, we uphold the impugned order dated 18/04/2023
disaffiliating the Petitioner Association. Further, no case is made out
by the petitioner to set aside the impugned order dated 21/07/2023
passed by the Returning Officer of WFI, as according to us, it is a
balanced order in the given circumstances. Similarly, no ground is
made out by the petitioner in seeking a relief of disaffiliating
respondent No.5, which is now affiliated by WFI and has also obtained
membership of the Indian Olympic Association, is what is informed to
us on behalf of respondent No.5.
As a result of the aforesaid, the petition fails.
Rule is discharged. No order as to costs.
Interim Application stands disposed of.
[MANJUSHA DESHPANDE, J.] [ BHARATI DANGRE, J. ]
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