Rakesh Ishwarlal Tiwari v. Union Of India Thr Ministry Of Youth Affairs And Sports And ANR

Digitally signed by PRAJAKTA SAGAR VARTAK Date:

2025.03.26 19:00:00 +0530 906-wp 4117-25.doc PRAJAKTA SAGAR VARTAK Prajakta Vartak

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4117 OF 2025 Rakesh Ishwarlal Tiwari

...Petitioner

Versus

Union of India & Ors.

...Respondents

__________ Mr. Raghuraj Deshpande i/b.Mr. Aneesh Deshpande for the Petitioner. Mr. Chandrakant Chavan for Respondent No.1/UOI. Mr. Vinod Sangvikar, Mr. Yogesh Morbale and Mr. Siddheshwar Galande for Respondent No.2.

__________ CORAM :

G. S. KULKARNI & ADVAIT M. SETHNA, JJ.

DATE :

26 MARCH 2025 P.C.:

1.

This petition under Article 226 of the Constitution of India is filed praying for the following reliefs :- "a) Call for the record and proceedings, b) Hold and declare that the decision of the Respondent No.2 that is Boxing Federation of India of holding election of the members to the Executive Council to be held on 28.03.2025 at New Delhi is illegal and quash the same.

c) Quash and set-aside the Election Programme dated 12.03.2025 declared by the Returning Officer - Respondent No.3.

d) pending the hearing and final disposal of this petition grant stay to the execution/implementation the Election Programme dated 12.03.2025 declared by the Returning Officer - Respondent No.3, e) Grant ad-interim relief in terms of prayer clause (d) and (c) above."

26 March 2025

906-wp 4117-25.doc 2.

In our opinion, such reliefs can be sought only by respondent no.2 with whatever the legal status it has. In any event it appears from the description of respondent no.2 from the cause title of the petition that it is stated to be a body which is functioning from 319 Udyog Vihar, Phase-IV, Gurugram, Haryana. Also the Returning Officer/respondent no.3, BFI Election 2025 is stated to be having the same address. Respondent no.1 is the Union of India represented through Ministry of Youth Affairs and Sports, New Delhi. If at all the petitioners have any legal rights and that too against these respondents, as described by the petitioner, who are outside the jurisdiction of this Court, it would be proper for the petitioner to move appropriate proceedings before the appropriate Court having jurisdiction.

3.

In this view of the matter, we are not inclined to entertain this petition. It is accordingly disposed of, however keeping open all contentions of the parties. No costs.

[ADVAIT M. SETHNA, J.] [G. S. KULKARNI, J.] 26 March 2025