High Court · 2025

5. Telangana State BasketBall Association, Rep. by its President H.No. 10-3-67, 6. Mr. Norman Swaroop lssac, H. NO.10-3-67, Teachers Colony, East Teachers Colony, East Marredpally,Secunderabad-500026 Marredpally, Secunderabad, Hyderabad, Telangana- UOOO1|*=TTONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue WriUs, Order/s or Direction/s more particularly in the nature of Writ of Mandamus, declaring the actions of the Respondents in not conducting elections for constituting the General Body of the Respondent no.5 as per the Memorandum of Association of the Telangana Basketball Association dated 12- 02-20'14 and Annexure XXXVII (Model Election Guidelines) of the National Sports Development Code of lndia, 20 1'1 R/w. Clause g.3(xiii) of the code as being arbitrary, unjust and unconstitutional and consequentially direct elections of Respondent No. 5 be conducted by appointing (i) Preferably any Retired Judge of this Hon'ble Court to supervise and monitor the conduct of election to the body of Respondent No.S-Telangana Basketball Association in a fair, impartial and transparent manner as per the Model Election Guidelines which is annexure XXXXVI of the National Sports Development Code of lndia, 201 1 (ii) the returning officer to conduct, approve and announce the results of the election under his own signatures (iii) direct Respondent No. 1 to 5 to make facilities to record each and every proceedings of the election of Respondent No.4 to ensure free and fair elections. lA NO: 1 OF 2025 Petition under Section 151 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to issue interim directions appointing an administrator to manage the affairs of respondent no.5. lA NO: 2 OF 2025 Petition under section 151 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to restrain the incumbent General Body of respondent no. 5 from exercising powers even after the expiry of their term. Counsel for the Petitioner: SRI VIVEK JAIN Counsel for the Respondent Nos.1 & 3 TO 5: Gp FOR SPORTS Counsel for the Respondent No.2: SRI B.CHANDRA SEKHAR, SC FOR SAT The Court made the following: ORDER 1, wp 969 2025 NBK, J THE HON, BLE SRIJUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.959 of 2025 ORDER: This writ petition is filed seeking the following relief: 'to declare the actions of the respondents in not conducting elections for constituting the General Body of the respondent No.5 as per the Memorandum of Association of the Telangana Basketball Association dated L2.02.2014 and Annexure XXXVII (Model Election Guidelinesl of the National Sports Devetopment Code of lndia, 2OL! rlw Clause 9.3 (xiii) of the code as being arbitrary unjust and unconstitutional and consequentially direct elections of respondent No.5 be conducted by appointing (i) preferably any Retireed Judge of this Hon' ble Court to supervise and monitor the conduct of election to the body of respondent No.S-Telangnaa Basketball Association in a fair, impartial and transparent manner as per the Model Election Guidelines which is annexure XXXVI I of the National Sports Development Code of lndia, 2011 (ii) the returning officer to conduct, approve and announce the results of the election under his own signatures (iii) direct respondent No.1 to 5 to make facilities to record each and every proceedings of the election of respondent No.4 to ensure free and fair elections and be pleased to pass such other order/s..."

2. Heard Mr. Vivek Jain, learned counsel for the petitioner, learned Government Pleader for respondent No.1-Sports and Youth Services Department, and the learned Standing Counsel for respondent No.2-Sports Authority ofTelangana. Perused the record.

3. The grievance of the petitioner, precisely, is that the 5th respondent- Telangana State Basketball Association is a Member of respondent No'4- Basketball Federation of lndia, and the Term of Office of the Office Bearers x 2 wp-969_2025 NBK, J of respondent No.5 expired by December 2024, and as per Annexure XXXVII (Model Election Guidelines) of National Sports Development Code of lndia, 2011 read with Clause 9.3(xiii) thereof, and the Memorandum of Association dated 12.02.2014 and By-Laws of respondent No.5, the Term of Office of General Body of respondent No.5 shall be for four years and upon expiry of the term, the present incumbents cannot continue in office. Petitioner therefore seeks a direction to the respondents to forthwith conduct elections to the General Body of respondent No.5 in accordance with the By-Laws of respondent No.5, and the National Sports Code, 2011.

4. At the hearing, the learned counsel unanimously submit that the Term of Office of respondent No.S-Association is already over, and there is need to conduct elections to the General Body of respondent No.5 as per the By-Laws of respondent No.5 and also National Sports Code, 2011, and that they would cooperate with the conducting of elections. Learned counsel for the petitioner has drawn the attention of the Court to the Judgment of the Delhi High Court in Pondicherry Basketball Association v. Union of lndial, which is filed as a material paper in the writ petition.

5. Considering the respective submissions, and perusing the record and also the judgment of the Delhi High Court in Pondicherry Basketball Association (supra), and further taking on record the unanimous submission of all the learned counsel that they are in favour of conducting elections as the Term of the present General Body expired in December 2024, and they would cooperate with the conducting of elections, and further there being no dual opinion or ambiguity with regard to either 1 w.P(c) No.1731/2023 3 wp-969_2025 N8K,I completion of Term of Office, or for conducting of elections to the General Body of respondent No.5, this Court is not inclined to go into various other averments in the writ petition relating to the By-Laws of respondent No'5, and the stipulations under the National Sports Code, 2011. Further, it was proposed and accepted unanimously to appoint Hon' ble Sri Justice P' Naveen Rao, Former Judge of this Court, as Returning Officer for supervision and monitoring of conduct of elections to respondent No'5'

6. Accordingly, the writ petition is disposed of appointing Hon' ble Sri Justice P. Naveen Rao (Former Judge of High Court for the State of Telangana) as the Returning Officer for conducting of elections to respondent No.5-Telangana Basketball Association, and for approval and announcing of results of the elections under his own signatures' Respondent Nos.1 to 5 shall make necessary facilities for recording each and every proceedings of the elections to respondent No.5-Association. With regard to the aspect of remuneration to the Hon' ble Judge, the respondent No.S-Association shall consult the Hon' ble Judge for arriving at a decision thereon for rendering services as Returning officer for the entire election process of respondent No.5-Association. No costs. Miscellaneous petitions pending, if any, shall stand closed. To 1 //TRUE COPYII SD/- A.V.S.PRASAD ASSISTANT REGISTRAR SECTION OFF]CER Mr. Justice.P. Naveen Rao, former Acting Chief Justice of High Court for the State^of^Telang_ana. (resident of #3001, I/y Home Bhooja, Biock-A, plot Nos.22-24 & 31-33, Raidurgam, Ranga Reddy District f;in:500081)' (By Special Messenger along with a Copy Affidavit and Material papers) 2 J 4 E The Secretary Sports and Youth Services Department, Secretariat, at Hyderqbad, Telangana, State of Telangana. Vice Chairman and Managing Djrector, Sports Authority of Telangana, L.B.Stadium, Basheerbagh, Hyderabad-5b0001 Telangana Olympic Association, Olympic Bhavan, Lal Bahadur Stadium, Fateh Maidan, Basheer Baqh, Hyddrabad. Telanqana 500001 The Presidenl Basketball F:ederition of lndia, Ha--ving office at No.148, Barakh_amba Road, B-1 Lower Ground Floor, Statesiran House, New belhi- 1f0001

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9. 10 The President, Telangana State BasketBall Association, H.No. 10-3-67, Teachers Colony, East Marredpally, Secunderabad-500026 One CC to SRI VIVEK JAIN, Advocate [OPUC] Two CCs to GP FOR SPORTS, High Court for the State of Telangana, at Hyderabad. [OUT] One CC to SRI B.CHANDRA SEKHAR, SC FOR SAT [OPUC] Two CD Copies PSK. $ t HIGH COURT DATED:2410112025 ORDER WP.No.969 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ^..rd;8 (\2-'-W /r_4 o :l 1 '1E s14 /(: 0 [ FEB 2025 * t); .- 1,;- 1 .1g('-L ;;1:;2-;::?' (\ ( ), i,l ".t , I