New Delhi [India], June 9 : The Delhi High Court has dismissed an appeal filed by the Uttar Pradesh Kho Kho Association, upholding an earlier decision refusing recognition of the association's executive committee elected in October 2021.
The Court held that the National Sports Development Code, 2011, applies not only to national sports federations but also to their constituent state associations, and granted the association liberty to pursue other legal remedies regarding its allegations against the Kho Kho Federation of India.
A Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia found no infirmity in the judgment of the Single Judge, which had rejected the association's plea seeking recognition of its elected body and re-affiliation with the Kho Kho Federation of India (KKFI). The appeal and all pending applications were accordingly dismissed.
The Court observed that the Sports Code was always applicable to state associations affiliated with national sports federations and that the decisions in Rahul Mehra v. Union of India and KP Rao vs. Union of India merely clarified the existing legal position.
Rejecting the appellant's argument that those rulings could not be applied retrospectively, the Bench held that the Sports Code governed the association's elections even in 2021.
The judgment noted that several office-bearers elected in the 2021 polls, including the Chairman, President, Vice-President, Treasurer and Secretary, were allegedly government employees who had already held elected posts in sports bodies beyond the tenure limits prescribed under sports governance norms.
The Court also recorded that the post of Chairman itself was not contemplated under the Sports Code.
A significant factor considered by the Court was that the Returning Officer who conducted the elections had proceeded on the basis of a purported order of the Orissa High Court suggesting that the Sports Code did not apply to state associations.
The Bench noted that the order relied upon was later alleged to be non-existent and that objections to the election process had been raised by the KKFI at the relevant stage.
Rejecting the association's contention that the federation had accepted the election results by not directly challenging them, the Court held that consent to conducting elections did not automatically entitle the elected body to recognition or affiliation if the elections were not held in accordance with applicable law.
The association had also alleged that it was unlawfully de-affiliated by the federation on the basis of a fraudulent communication and that a parallel body had been created to replace it. However, the Bench said such allegations would require detailed evidence and could not be adjudicated in writ proceedings. It granted the association the liberty to pursue appropriate remedies available under the law.
The dispute arose from the federation's refusal to re-affiliate the Uttar Pradesh Kho Kho Association despite elections being conducted in October 2021 under the supervision of a retired Allahabad High Court judge appointed by the Delhi High Court.
Following review by the federation's Affiliation and Election Review Committee, the request for re-affiliation was ultimately rejected, leading to the present litigation.