High Court of Punjab and HaryanaCWP/25023/2021dismissed

Haryana State Kho Kho Association v. Haryana Olympic Association And ORS

2021-12-10Mr. Justice Raj Mohan Singh3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No.25023 of 2021 Date of Decision: 10.12.2021 HARYANA STATE KHO KHO ASSOCIATION ......Petitioner Vs HARYANA OLYMPIC ASSOCIATION AND ORS .....Respondents CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present:Mr. Ravinder Malik, Advocate for the petitioner.

Mr. Harkesh Manuja, Advocate for respondents No.1 to 3.

Mr. Ankur Mittal, Addl. A.G., Haryana.

**** RAJ MOHAN SINGH, J.(Oral) Petitioner has preferred this writ petition under Articles 226/227 of the Constitution of India for the issuance of an appropriate writ, order or direction especially in the nature of certiorari for quashing the public notice, election schedule and tentative voters list dated 10.11.2021 in the election of the governing body which is schedule for 12.12.2021.

The grievance of the petitioner is that name of the Haryana Kho Kho Association was shown in the tentative voter list with Smt. Rani Tiwari as President and Sh. Subhash Ruhil as General Secretary. Petitioner is Haryana State Kho Kho Association with the nomenclature of Sh. Sham Singh Rana as President and Sh. Balwan Singh as General Secretary. The petitioner association filed objections and those objections have been dismissed by the impugned order dated 29.11.2021 by holding that the Haryana State Kho Kho Association, Rohtak with President Smt. Rani Tiwari and General Secretary Sh. Subhash Ruhil has been affiliated by the Kho Kho Federation of India as per letter dated 26.10.2021. Learned counsel for the petitioner by referring to the registration number raises a factual dispute viz-a-viz. the genuineness of the nomenclature of office bearers of the petitioner-Association.

Registration and affiliation are two distinct requirements. Admittedly, the petitioner with the nomenclature of President Sh. Sham Singh Rana and General Secretary Sh. Balwan Singh does not have such an affiliation from the Kho Kho Federation of India, which would result in acceptance of the objections against the tentative voter list. Factual dispute cannot be gone into in the writ jurisdiction, however petitioner would be

at liberty to seek redressal by way of filing an election petition in accordance with law.

The writ petition stands dismissed.

(RAJ MOHAN SINGH) December 10, 2021 JUDGE Atik Whether speaking/reasoned Yes/No Whether reportable Yes/No