IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND ELEVEN PRESENT THE HON’BLE SRI JUSTICE NOUSHAD ALI W.P.NO. 7558 OF 2008 Between: All India Ball Badminton Players Welfare Association, Rep. By its General Secretary, Bh.V.V.S. Srinivas Rao Having its office at Plot No.33, Green Fields Enclave, Secunderabad. …..Petitioner And Union of India, rep. By Ministry of Youth Affairs & Sports, rep. By its under Secretary, Sastry Bhavan, New Delhi & two Others. …..Respondents THE COURT MADE THE FOLLOWING: ORDER Heard learned counsel for the parties. The petitioner-Association has filed this writ petition complaining the inaction of the first respondent in initiating action in pursuance of the representation dated 11.10.2007 as regards the functioning of the respondents 2 and 3 viz., (i) The Ball Badminton Federation of India, represented by its Secretary Sri A.S.Naqvi; and (2) The Ball Badminton Federation of India, represented by its President Sri S.Ranga Rao; and for a consequential direction to respondent No.1 to recognise the affiliation of genuine Ball Badminton Federations as per the constitution of Ball Badminton Federation of India and the guidelines of the Ministry of Youth Affairs and Sports, Government of India. It appears that the Government of India have issued guidelines for recognition of National Sports Federations stipulating in guideline No.3.5 that the tenure of office bearers should be in accordance with the Government Orders issued under letter No.11-4/74-SP.I, dated 20-09-1975 stipulating that the office bearers of National Sports Federations may hold office for one term of four years and may be eligible for re-election for a like term or period provided the office bearers have secured not less than 2/3rd votes of the members. However, no such office bearers shall hold office consecutively for more than two terms or eight years. The grievance of the petitioner appears to be that in the year 1996, one Sri A.S.Naqvi was elected as the General Secretary of the 2nd respondent-Federation and he was again elected for a second term in the year 2000. When the 49th Senior National Ball Badminton Championship for men and women was to be conducted as per the General Body Resolution dated 3.2.2003, the said resolution was signed by A.S.Naqvi in the capacity of General Secretary of the Federation, thereby suggesting that he was elected consecutively for the third term, which is not permissible under the guidelines. Despite the disqualification of A.S.Naqvi to hold the office for a third term, he conducted 49th Senior National Ball Badminton Championship at Kushi Nagar, Gorakpur, U.P., held from 19.3.2004 to 23.3.2004. In view of the said situation, the petitioner submitted a representation dated 11.10.2010 to the 1st respondent bringing to its notice the illegal continuation of A.S.Naqvi and the consequences flowing out of such illegal continuation. According to the petitioner, the situation has given rise to confusion about the genuineness of 2nd respondent and the 3rd respondent-Federations. From the material placed before this Court, it could be seen that acting upon the said representation dated 11.10.2007, notice No.F.15- 4/2004-SP.1 dated 22.11.2007 was issued to the respondents Nos.2 and 3 directing for their appearance and personal hearing in the Chambers of Under Secretary to the Government of India, Ministry of Youth Affairs and Sports on 30.11.2007. Inasmuch as, there was no further progress in the matter, the petitioner has approached this Court complaining inaction. Various allegations have been made relating to functioning of respondents Nos.2 and 3-Federations in conducting the affairs, including those relating to the illegal continuation of A.S.Naqvi as General Secretary of the 2nd respondent-Federation. However, this Court is not inclined to go into the merits of such allegations. Suffice it to note that the 1st respondent has initiated action by acting on the representation of the petitioner dated 11.10.2007 and, in fact, called both the parties for hearing. Once action has been initiated, the 1st respondent ought to have logically proceeded with the enquiry and reached a conclusion. The 3rd respondent in his counter stated that in response to the notice dated 22.11.2007 for hearing, it has submitted all the necessary documents and also attended the personal hearing and it is for the Ministry of Youth Affairs and Sports, Government of India, to pass appropriate orders. That being so, it is not only proper, but also incumbent upon the 1st respondent to proceed further and decide the matter. In the circumstances, this writ petition is disposed of directing the 1st respondent to proceed further and complete the enquiry initiated on the basis of the representation dated 11.10.2007, in pursuance of the notice No.F.15- 4/2004-SP.1 dated 22.11.2007 and pass appropriate orders as per the Guidelines governing the dispute, after hearing all the parties as early as possible, preferably within a period of three months from the date of receipt of a copy of this order. No order as to costs. ________________________ JUSTICE NOUSHAD ALI Dt: 31.01.2011 Tjmr/Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI W.P.NO. 7558 OF 2008 DATE: 31.01.2011