Rajasthan Table Tennis Association, Through Its President Shri v. Appellate Authority Cum Secretary, Youth Affairs And

Judgment

1. Appellate Authority Cum Secretary, Youth Affairs And Sports Department.

2. Joint Registrar(Rules)., Cooperative Societies Rajasthan, Jaipur.

3. Additional Registrar, Cooperative Societies, Ajmer Division Ajmer. ----Respondents For Petitioner(s) : Mr. Tanay Jain For Respondent(s)

: Mr. Manoj Sharma, AAG Mr. Kapil Prakash Mathur, AAG with Mr. Ashutosh Udawat Mr. Peush Nag Mr. Neeraj K. Pawan, Secretary, Sports and Youth Affairs, present in person HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 30/05/2025

1. Instant S.B. Civil Revision Petition is preferred by revisioner petitioner aggrieved from order of dismissal of appeal on dated

28.10.2024 by the appellate authority-cum- Secretary, Department of Sports and Youth Affairs, Government of Rajasthan, Jaipur (hereinafter referred as “appellant authority”) preferred under Section 35 of the Rajasthan Sports (Registration, Recognition and Regulation of Associations) Act, 2005 (hereinafter referred as “the Act of 2005”). [2025:RJ-JP:23111] (2 of 11) [CR-368/2024]

2. During pendency of this appeal an application under Order I Rule 10 CPCso filed for impleadment by Sanjay Gehlot presently Secretary, Rajasthan Table Tennis Association and we are disposing of this application with this order. When this matter was considered by this Court on 26.03.2025, Mr. Neeraj K. Pawan, Secretary, Sports and Youth Affairs was present in person along with learned AAG Mr. Kapil Prakash Mathur.

3. During course of argument, learned AAG has candidly admitted that the appellate court has failed in taking note of the procedure required to be adopted while disposing of an appeal under Section 35 of the Act of 2005. He further submitted that the impugned order be set aside and the matter be remitted back for decision afresh by the appellate authority. He also assures that the appellate authority will observe all procedures while deciding appeal.

4. We have considered submissions of learned counsel for the parties and learned AAG along with learned appellate authority. During course of argument, learned counsel for the parties agreed that this matter be remitted back to the appellate authority with direction to decide the appeal in accordance with law.

5. Brief facts of the case are that the present appellant claiming to be elected President of Rajasthan Table Tennis Association (hereinafter referred as “association”) has filed an appeal relating to election of executive body and rejection of inquiry report dated

23.02.2024 by Joint Registrar, Co-operative Societies, Jaipur. The appeal authority has dismissed the appeal, without assigning any reason. [2025:RJ-JP:23111] (3 of 11) [CR-368/2024]

6. The Act of 2005 was promulgated to provide for registration, recognition and regulation of sports associations and to facilitate the activities and affairs by the sports association in the State of Rajasthan and also to provide for recognition and regularization of the right to present the State of Rajasthan and various revenue districts in the State. The Act came into force on 18.08.2004.

7. Section 35 of the Act provides for appeal and same is reproduced as under: “35. Appeal - (1) Any Sports Association or person aggrieved by an order made by the Registrar under the provisions of this Act may appeal against the order to the Secretary to the Government, Department of Youth Affairs and Sports within thirty days of such an order being made. (2) The decision of the Secretary to the Government, Department of Youth Affairs and Sports made in such an appeal shall be final and a revision against his order may lie with the High Court within thirty days of such an order.”

8. It indicate that any person aggrieved from order made by Registrar under the Provision of the Act of 2005 may file an appeal within 30 days to the Secretary of the Government. Herein this case, the impugned order dated 28.10.2024 passed by the Secretary clearly indicate that without considering any ground or assigning any reason the order was passed and for ready reference we are reproducing the order as under: हममरर दमरम पमरर दमरम पसततत अपपल एवव अपमरर सवखयम 1 " दमरम पसततत लललखत बहस कम अधययन व लववरचन करनर पर लक जमवच कर लनररय पमररत करनर कम यह पमयम गयम अलधकमर व दमलयतव सहकमररतम लवभमग कम हह। उनकक जमवच रमजसरमन ककडम ( ममनयतम और दमरम पसततत लनषकरर कर लवलनयमन) अलधलनयम, 2005 आधमर पर हप लनररय लदनमवक 23.02.2024 पमररत हहआ, लजसमम हसतकरप कर ककई वहद आधमर पतमवलप पर पकट नहप हकतर हह। अतत पकरर इस सतर पर सममप लकयम जमतम हह।" सवगमम कम रलजसटटपकरर, [2025:RJ-JP:23111] (4 of 11) [CR-368/2024]

9. It has been admitted before the Court that this order does not confer to the standards which is expected for disposal of appeal, therefore, same is liable to be set aside. The application is filed for impleadment under Order I Rule 10 read with Section 151 CPC. The proceeding clearly indicate that while considering the appeal the appellate authority has called Mr. Mukund Gupta and after the order dated 28.10.2024 served a copy of dismissal of appeal. In any case any person aggrieved of any order must be given an opportunity of hearing, therefore, I am of the considered view if Sanjay Gehlor is necessary party then he must be given an opportunity of hearing by the appellate authority as the documents supported along with application indicate that he was elected Secretary in election dated 11.02.2023 conducted at Jodhpur.

10. The Rajasthan Government has promulgated Rajasthan Sports (Registration, Recognition and Regulation of Association) Ordinance, 2004 which was replaced by the Act of 2005. The object and purpose of the Act was considered by Hon’ble Division Bench of this Court on 25.01.2023 in D.B. Special Appeal (Writ) No. 9671/2021 titled as Umed Singh and Ors. Vs. Rajasthan Wrestling Association & Ors. The Act itself provides for registration, recognition and regulation of Sports Association which includes constitution of elections. If there is any dispute then the grievance can be raised before the Registrar and aggrieved from order the Registrar, an appeal may be preferred before the appellate authority. It is always said that sports is a powerful tool for development and uniting people and also bridging the differences between the people. The rising popularity [2025:RJ-JP:23111] (5 of 11) [CR-368/2024] of sports impacted life of everyone as it is helpful in achieving social goals in areas like health and social inclusion. The sports also provides opportunity for commercial growth which includes profession to players, coach, others in multi-dimensional commercial activities and helping FMCG sector or other consumer goods in securing market growth. The intense impact of sports is felt from arising activities of associations, therefore, it is always felt that the sports association should be free from politics and influence of money.

11. While considering the instant appeal, we have noticed that learned Secretary was empowered to act as an appellate authority under Section 35 of the Act of 2005 whereas he himself is unaware about the procedure adopted while deciding appeal. It is not in accordance with public opinion that any executive officer decide an appeal in any matter, but the power is assigned by the Legislature while exacting law. The public at large expects high degree of competency and transparency in the proceedings of any judicial or quasi-judicial authority.

12. Time and again, it is said that any decision is taken about finding of fact, the applicability of law and also relief or remedies to redress grievances then the order must speak why such order has been made. The reasons are live link to show the application of mind by the authority concerned. The assignment of reasons is key for a judicial officer or a Judge but it is also necessary for an officer working in public administration. We live in a democracy where in the name of “We the people” the Government functions which means the Government belongs to public and it is chosen by public. The officers working in the system are subordinate to [2025:RJ-JP:23111] (6 of 11) [CR-368/2024] political executive and they have to function within the bounds of law with aim to serve public at large. It is expected to maintain highest decree of integrity and transparency while being accountable to the public.

13. In case of CCT Vs. Shukla and Bros (2010) 4 SCC 785 and also referred in case of State Project Director, UP Education For All Project Board & Ors. Vs. Saroj Maurya & Ors. 2024 INSC 677, Hon’ble Supreme Court has referred the relevant paragraph of judgment and same are extracted herein below: “23. We are not venturing to comment upon the correctness or otherwise of the contentions of law raised before the High Court in the present petition, but it was certainly expected of the High Court torecord some kind of reasons for rejecting the revision petition filed by the Department at the very threshold. A litigant has a legitimate expectation of knowing reasons for rejection of his claim/prayer. It is then alone, that a party would be in a position to challenge the order on appropriate grounds. Besides, this would be for the benefit of the higher or the appellate court. As arguments bring things hidden and obscure to the light of reasons, reasoned judgment where the law and factual matrix of the case is discussed, provides lucidity and foundation for conclusions or exercise of judicial discretion by the courts. 24. Reason is the very life of law. When the reason of a law once ceases, the law itself generally ceases (Wharton's Law Lexicon). Such is the significance of reasoning in any rule of law. Giving reasons furthers the cause of justice as well as avoids uncertainty. As a matter of fact it helps in the observance of law of precedent. Absence of reasons on the contrary essentially introduces an element of uncertainty, dis- satisfaction and give entirely different dimensions to the questions of law raised before the higher/appellate courts. In our view, the court should provide its own [2025:RJ-JP:23111] (7 of 11) [CR-368/2024] grounds and reasons for rejecting claim/prayer of a party whether at the very threshold i.e. at admission stage or after regular hearing, howsoever precise they may be. 25. We would reiterate the principle that when reasons are announced and can be weighed, the public can have assurance that process of correction is in place and working. It is the requirement of law that correction process of judgments should not only appear to be implemented but also seem to have been properly implemented. Reasons for an order would ensure and enhance public confidence and would provide due satisfaction to the consumer of justice under our justice dispensation system. It may not be very correct in law to say, that there is a qualified duty imposed upon the Courts to record reasons. 26. Our procedural law and the established practice, in fact, imposes unqualified obligation upon the Courts to record reasons. There is hardly any statutory provision under the Income Tax Act or under the Constitution itself requiring recording of reasons in the judgments but it is no more res integra and stands unequivocally settled by different judgments of this Court holding that, the courts and tribunals are required to pass reasoned judgments/orders. In fact, Order XIV Rule 2 read with Order XX Rule 1 of the Code of Civil Procedurerequires that, the Court should record findings on each issue and such findings which obviously should be reasoned would form part of the judgment, which in turn would be the basis for writing a decree of the Court. 27. By practice adopted in all Courts and by virtue of judge made law, the concept of reasoned judgment has become an indispensable part of basic rule of law and, in fact, is a mandatory requirement of the procedural law. Clarity of thoughts leads to clarity of vision and proper reasoning is the foundation of a just and fair decision. In the case of Alexander Machinery (Dudley) Ltd. [2025:RJ-JP:23111] (8 of 11) [CR-368/2024] (supra), there are apt observations in this regard to say "failure to give reasons amounts to denial of justice". Reasons are the real live links to the administration of justice. With respect we will contribute to this view. There is a rationale, logic and purpose behind a reasoned judgment. A reasoned judgment is primarily written to clarify own thoughts; communicate the reasons for the decision to the concerned and to provide and ensure that such reasons can be appropriately considered by the appellate/higher Court. Absence of reasons thus would lead to frustrate the very object stated hereinabove .”

13. Earlier also in case of State of Odisha Vs. Dhaniram Luhar (2004) 5 SCC 568, and referred in case of Brijesh Singh Vs. State of Uttar Pradesh and Ors. (Criminal Appeal No. 646/2021) the Hon’ble Supreme Court has observed as under: “6. The trial court was required to carefully appraise the entire evidence and then come to a conclusion. If the trial court was at lapse in this regard the High Court was obliged to undertake such an exercise by entertaining the appeal. The trial court on the facts of this case did not perform its duties, as was enjoined on it by law. The High Court ought to have in such circumstances granted leave and thereafter as a first court of appeal, re-appreciated the entire evidence on the record independently and returned its findings objectively as regards guilt or otherwise of the accused. It has failed to do so. The questions involved were not trivial. The effect of the admission of the accused in the background of testimony of official witnesses and the documents exhibited needed adjudication in appeal. The High Court has not given any reasons for refusing to grant leave to file appeal against acquittal, and seems to have been completely oblivious to the fact that by such refusal, a close scrutiny of the order of acquittal, by the appellate forum, has been lost once and for all. The manner in which appeal against acquittal has been dealt with by the High Court leaves much to be desired. Reasons introduce clarity in an order. On plainest consideration of justice, the High Court ought to have set forth its reasons, [2025:RJ-JP:23111] (9 of 11) [CR-368/2024] howsoever brief in its order, indicative of an application of its mind; all the more when its order is amenable to further avenue of challenge. The absence of reasons has rendered the High Court order not sustainable. Similar view was expressed in State of U.P. v. Battan [(2001) 10 SCC 607: 2003 SCC (Cri) 639].About two decades back in State of Maharashtra v. Rao Pritirao Vithal Chawan[(1981) 4 SCC 129: 1981 SCC (Cri) 807: AIR 1982 SC 1215] the desirability of a speaking order while dealing with an application for grant of leave was highlighted. The requirement of indicating reasons in such cases has been judicially recognised as imperative.The view was reiterated inJawahar Lal Singh v. Naresh Singh[(1987) 2 SCC 222: 1987 SCC (Cri) 347]. Judicial discipline to abide by declaration of law by this Court, cannot be forsaken, under any pretext by any authority or court, be it even the highest court in a State, oblivious to Article 141 of the Constitution.”

14. The principles of law were followed in several landmark judgments of Hon’ble Supreme Court and time and again reiterated the principle that the reason is very life of law and giving reasons further the cause of justice while avoiding uncertainty. The concept of reasoned judgment has become an indispensable part of the basic rule of law and is mandatory requirement of procedural law. The reasons provides clarity of thoughts leads to clarity of vision and proper reasoning is the foundation of a just and fair decision. The absence of reasons in any order or judgment leads to frustration of these objectives and introduces an element of uncertainty and dissatisfaction. It is an obligation of any authority whether judicial or quasi judicial or even administrative to record reasons particularly when a decision is taken while considering view point of two parties or rejecting any representation or proposal of any person. It is expectation of [2025:RJ-JP:23111] (10 of 11) [CR-368/2024] public at large that a decision making authority itself assign a clear reason while passing an order and should be written in formal and precise language.

15. Section 2(9) of CPC defines the ‘judgment’ which means the statement given by the Judge on the grounds of decree or order. The decree is defined under Section 2(2) and ‘order’ under Section 2(14) of CPC whereas ‘public officer’ as defined under Section 2(17) of CPC.

16. Having considered the necessity of reasons and working of appellate authority, it is imperative that when a particular duty is assigned to consider and decide the appeal under the statute then, who so ever he may be he is acting as an appellate authority and bound to follow the principle of natural justice if no specific procedure is prescribed and if not then bound to adopt pari materia procedure as provided in the CPC. Herein this case, it appears that the appeal was decided in most autocratic manner where the appellate authority considered himself to be above the law but he failed to notice the provision of Section 35(2) of the Act of 2005, that a revision against his order may lie to the High Court.

17. I am of the considered opinion that the appellate authority should undergo a training at Rajasthan Judicial Academy atleast for a period of 5-7 days before deciding any appeal under the Act of 2005. This is applicable for all administrative officer(s) who were assigned any power to decide any appeal under any statute so that a decision of appeal may not result in miscarriage of justice. This step is necessary as authority at ground level and the [2025:RJ-JP:23111] (11 of 11) [CR-368/2024] appellate authority are having more powers than the revisional jurisdiction to impart justice to common man but if they commit wrong then, it is very difficult to wipe the tears of aggrieved person.

17. In view of discussion made hereinabove, the instant revision petition is hereby allowed and the order dated 28.10.2024 is set aside. The appeal under Section 35 of the Act of 2005 is remitted back to the appellate authority for decision afresh preferably within three months after affording opportunity of hearing to all concerned. The application for impleadment is also allowed and he is permitted to participate in the proceedings before the appellate authority.

18. A copy of this order be sent to the Chief Secretary, State of Rajasthan to ensure that before deciding any appeal under the Act of 2005 the appellate authority undergo a training of 5-7 days at Rajasthan Judicial Academy, Jodhpur. A compliance be also sent to this Court within four weeks.

19. A copy of this order be placed before the Hon’ble Judge In- charge of Rajasthan Judicial Academy through Director of Academy.

20. Instant revision petition with misc. application, if any, stands disposed of. CHETNA BEHRANI /97-S (ASHOK KUMAR JAIN),J