IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 WP(C).No. 29779 of 2008(T) -------------------------- PETITIONERS: ------------------ 1. THE KOTTAYAM DIST. BADMINTON (SHUTTLE), ASSOCIATION, KOTTAYAM, REP. BYITS JOINT SECRETARY MANI JACOB, AGED 60 YEARS,S/O.M.C.JACOB,EMCEES TRADERS, ERAKKATHIL BUILDING, KALATHILPADY, VADAVATHOOR P.O., KOTTYAM 686 010. 2. PROF. K.C. SEBASTIAN, AGED 67 YEARS, S/O THOMAS CHERIAN, PRESIDENT, THE KOTTAYAM DISTRICT BADMINTON (SHUTTLE), ASSOCIATION, KOTTAYAM, KADALYKATTIL, MUNDANKAL P.O., PALA, KOTTAYAM 686 574. BY ADV. SRI.M.J.THOMAS RESPONDENTS: -------------------- 1. THE KERALA SPORTS COUNCIL, THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY. 2. THE KOTTAYAM DISTRICT SPORTS COUNCIL, KOTTAYAM REPRESENTED BY ITS SECRETARY. 3. V.C.ALEX, HEAD OF THE DEPARTMENT OF PHYSICAL EDUCATION, MEDICAL COLLEGE, KOTTAYAM. 4. V.C. THOMAS, SECURITY OFFICER, THE TRAVANCORE CEMENTS LIMITED, NATTAKOM, KOTTAYAM HAVING HIS PRESENT ADRESS AS THEYYIL HOUSE, NEAR ST. THOMAS SCHOO, PALA. BY ADV. PIRAPPANCODE V.S.SUDHEER,SC,SPORTS COUN FOR R1 GOVT. PLEADER SRI.P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.29779 of 2008 -------------------------- Dated this the 29th October, 2008 J U D G M E N T Issue raised in this writ petition relates to the election to the District Sports Council, Kottayam. The contention of the 1st petitioner is that it is an Association affiliated to the Kerala Badminton (Shuttle) Association and is therefore entitled to participate in the election to the District Sports Council. It challenges the nomination granted to the 3rd respondent. First petitioner also seeks a direction to the Kerala Sports Council and Kottayam District Sports Council to include the 2nd petitioner as a nominee of the Kottayam District Sports Council. Going by the averments in the writ petition, the dispute between the parties started as early as in the year 2001. There are civil suits pending between them. 2. Sri. Pirappancode V.Sudheer , learned counsel for the Kerala Sports Council submits that election disputes both at the District level and State level Sports W.P ( C) No.29779 of 2008 2 council are now to be resolved in terms of the provisions of the Kerala Sports Act and Rules framed therein. He refers to Section 36 (6) of the Act, which reads as follows: “Any person aggrieved by any decision of the District Sports Council or the State Sports Council, as the case may be, with regard to the registration of a sports organisation may file appeal in the Appellate Tribunal along with the prescribed fees within such time and in such manner as may be prescribed and the decision of the Appellate Tribunal thereon shall be final. 3. He also brings to my notice the constitution of an Appellate Tribunal under Section 41 of the Kerala Sports Act, 2000 with Law Secretary as Ex-officio Chairman thereof. 4. It is submitted that the petitioners are aggrieved by the recognition granted to the 3rd respondent in the first instance and also aggrieved by the refusal on the part of respondents 1 and 2 to grant a recognition to the 2nd petitioner as a nominee of the 1st petitioner Association. Mr.Sudheer submits that an order referring to the reasons, for accepting the nomination of the 3rd respondent and also containing the reasons for not accepting the nomination of the 2nd petitioner as a representative of the 1st petitioner W.P ( C) No.29779 of 2008 3 shall be communicated to the petitioners by the Sports Council, within a period of two weeks from today. Thereafter, it is open to the petitioners to prefer an appeal before the Appellate Tribunal under Section 36 (6) of the Kerala Sports Act, 2000. Submission is recorded. The writ petition is closed accordingly. (V.GIRI,JUDGE) ma W.P ( C) No.29779 of 2008 4 W.P ( C) No.29779 of 2008 5