Vishwanath Ganpatrao Gaikwad v. The Secretary To The Union Of India The Ministry Of Youth Affairs And Sports And Others

2024:BHC-AUG:7544-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3629 OF 2024 Vishwanath Ganpatrao Gaikwad

VERSUS

The Secretary To The Union Of India The Ministry Of Youth Affairs And Sports And Others ...

Mr. R. P. Cheble, Advocate for the Petitioner Mr. Amol Patale, Advocate for Respondent No. 1 Mr. A. B. Girase, GP for Respondents/State ...

CORAM

: RAVINDRA V. GHUGE & R. M. JOSHI, JJ DATE : APRIL 05, 2024 PER COURT :

1.

We have heard the learned Advocate for the Petitioner, the Standing Counsel for UOI and the learned GP.

2.

We find that there are several proceedings pending before the learned Joint Charity Commissioner1, Maharashtra State, Mumbai in relation to the Maharashtra Kho Kho Association, Mumbai. The voting in the elections declared by the election program dated 07.03.2024, is scheduled on 07.04.2024. This Petition is filed on 03.04.2024.

3.

Considering the above, we would not interfere with the elections, when the voting is scheduled on 07.04.2024.

4.

The learned Advocate for the Petitioner makes a further grievance that in an election for the period 2018-2022, his name appears along with three others as the representative of the Latur Jilla Kho Kho Association. This association is said to be affiliated to the Maharashtra Kho Kho Association, which in turn is associated with the Kho Kho Federation of India. It is, therefore, canvassed that the Petitioner would file an appropriate proceeding before the learned Charity Commissioner and the same may be considered.

5.

The learned GP submits that the liberty as is prayed for, cannot be by way of a blanket liberty. If the Petitioner desires to approach the learned Charity Commissioner, a cause of action will have to be pointed out.

6.

The learned Advocate for the Petitioner submits that he would take an appropriate proceeding

even for challenging the elections.

7.

Since the Petitioner desires to approach the learned Charity Commissioner, we have no reason to express any view. In the event, he makes any application before any Authority, the said application may be considered on its own merits, including on the maintainability of the same.

8.

As such, this Writ Petition is disposed off.

(R. M. JOSHI, J) (RAVINDRA V. GHUGE, J) Malani