The Kancheepuram District Volleyball Association, v. The Volleyball Federation Of India,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.03.2020

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.5346 of 2020 and W.M.P.Nos.6286 of 2020

1. The Kancheepuram District Volleyball Association rep. by its Secretry, Mr.S.Mohamed Jinna, No.29/B/3, Madam street, Kanchepuram

2. Mr.S.Mohamed Jinna, I.R.S.

Assistant Commissioner of Customs (Retd.) S/o R.S.Sab Jan, No.3, Poosala Gengu Street, Egmore, Chennai - 600 008.

...Petitioner

Vs.

1. The Volleyball Federation of India, rep. by its Secretary General, Mr.Ram Avathar Singh Jhakar, Room No.72, Jawaharlal Nehru Stadium, Chennai - 600 003.

2. Tamil Nadu State Olympic Association, Rep. by its General Secretary, Mr.J.M.Fernando, Room No.78, Jawaharlal Nehru Stadium, Chennai - 600 003.

3. Mr.Gowtham Singamani, President,

4. Mr.A.K.Chithirai Pandian, Chairman,

5. Mr.P.Jaganathan,

6. Mr.R.Narayanaswamy,

7. Mr.E.P.Ramanujam,

8. Mr.K.Gunaseelan,

9. Mr.V.Rangasamy,

10. Mr.A.J.Martin Sudhakar, General Secretary,

11. M.P.Selva Ganesh, Treasurer,

12. Mr.P.Kalaiselvan, Joint Secretarty,

13. Mr.A.Mahendran,

14. Mr.R.Rathinapandian, Saligramam, Chennai - 600 093.

15. Mr.N.Sadasivam,

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the 1st and 2nd respondents to initiate appropriate legal action against the wrongdoers for committing fraud and illegalities in the election of the office bearers for the Tamil Nadu State Volley Ball Association conducted on 25.08.2019 for the term 2019-2023 and consequently direct the 1st and 2nd respondents to declare their selection as Office bearers to the Tamil Nadu State Volley ball Association fro the term 2019-2023 as null and void.

For Petitioners :

Ms.Kavitha Deenadayalan

O R D E R

The prayer sought for in this writ petition is as follows:

To issue a Writ of Mandamus to direct the 1st and 2nd respondents to initiate appropriate legal action against the wrongdoers for committing fraud and illegalities in the election of the office bearers for the Tamil Nadu State Volley Ball Association conducted on 25.08.2019 for the term 20192023 and consequently direct the 1st and 2nd respondents to declare their selection as Office bearers to the Tamil Nadu State Volley ball Association fro the term 2019-2023 as null and void.

2. Heard the learned counsel for the petitioners and perused the materials placed before this Court.

3. It is seen that the election to the Tamil Nadu State Volleyball Association was conducted in pursuant to an order of this Court passed in its original jurisdiction, that too, by appointing a retired Judge of this Court as Election Officer. It is seen that the election has been conducted and the Election Officer declared the results as well. Now, the present writ petition is filed by making various allegations. I do not think that the petitioner is entitled to maintain the present writ petition by making various allegations, that too, by challenging the election, without resorting to proper course of action before the original side of this Court, where

the Election Officer was appointed to conduct such election. Therefore, I find that the present writ petition is totally misconceived. Accordingly, the Writ Petition is disposed of without expressing any view on the merits of the contentions raised by the petitioners, however, by granting liberty to the petitioners to work out their remedy before the appropriate forum with appropriate relief. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar vsi To

1. Mr.Ram Avathar Singh Jhakar, The Secretary General, The Volleyball Federation of India, Room No.72, Jawaharlal Nehru Stadium, Chennai - 600 003.

2. Mr.J.M.Fernando, The General Secretary, Mr.Ram Avathar Singh Jhakar, Room No.78, Jawaharlal Nehru Stadium, Chennai - 600 003.

3. Mr.Gowtham Singamani, President, Saligramam, Chennai - 600 093.

4. Mr.A.K.Chithirai Pandian, Chairman,

5. Mr.P.Jaganathan,

6. Mr.R.Narayanaswamy,

7. Mr.E.P.Ramanujam,

8. Mr.K.Gunaseelan,

9. Mr.V.Rangasamy,

10. Mr.A.J.Martin Sudhakar, General Secretary, Saligramam, Chennai - 600 093.

11. M.P.Selva Ganesh, Treasurer, Saligramam, Chennai - 600 093.

12. Mr.P.Kalaiselvan, Joint Secretarty,

13. Mr.A.Mahendran, Saligramam, Chennai - 600 093.

14. Mr.R.Rathinapandian, Saligramam, Chennai - 600 093.

15. Mr.N.Sadasivam, Saligramam, Chennai - 600 093.

W.P.No.5346 of 2020 GMR(CO) GMY(10/06/2020)