HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writ Petition No. 19083/2019

Rajasthan Wrestling Association, Through I.K. Dutta Son Of Shri

K.l. Dutta Aged About 75 Years Acting President Cum Senior Vice
President, Rajasthan Wrestling Association Having Its Office At
Plot No.3 Janak Puri II, Extension, Imlai Phatak, Jaipur.
----Petitioner
Versus
1. Secretary, Wrestling Federation Of India, 21, Ashok Marg,
New Delhi.
2. Mr. Chandra Pratap Singh, Singh Ghar House Thetri House
Road, Opposite Saroj Cinema, Chandpol Bazar, Jaipur-
302016 (Formery Operating From The Reg. Office Of The
Association At Imli Phatak, Jaipur)
----Respondents

For Petitioner(s) : Mr. Peush Nag, Adv.

For Respondent(s) : Mr. Sanjay Sharma, Adv.
Mr. Sanjay Rahar, Adv.

HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

Order

27/11/2019

Learned counsel for the petitioner submitted that interim

prayer made in the stay application be considered by this Court.

Learned counsel Mr. Sanjay Sharma appears on behalf of the

respondent No.1-Secretary, Wrestling Federation of India and

submits that reply to the writ petition will be filed during the

course of the day.

Learned counsel Mr. Sanjay Rahar appears for the

respondent No.2.

Heard on the stay application.

(Downloaded on 19/01/2021 at 10:15:47 AM)

 (2 of 4) [CW-19083/2019]

Learned counsel for the petitioner submitted that the present

writ petition has been filed through Acting President cum Senior

Vice President on behalf of Rajasthan Wrestling Association. The

prayer in the writ petition is for seeking a direction to entertain

the players from Rajasthan who have been recommended and

selected by elected office bearers of the Association i.e. Acting

Secretary Bhupendra Singh and Acting President cum Senior Vice

President I.K. Dutta-petitioner.

Learned counsel for the petitioner submitted that further

prayer has been sought in the writ petition that Wrestling

Federation of India be restrained from entertaining any player

from Rajasthan who has not been recommended by the elected

office bearers of the Association.

Learned counsel for the petitioner submitted that the

Registrar, Cooperative Societies, Rajasthan Jaipur vide its order

dated 29.07.2019 has already set-aside the election of President

of Rajasthan Wrestling Association-one Mr. C.P. Singh and he has

further been disqualified from contesting the election for a period

of 6 years.

Learned counsel for the petitioner submitted that the order

of Registrar has been put to challenge by Shri C.P. Singh and there

is no interim order on the said order and as such the President Mr.

C.P. Singh is not holding any post. Counsel submitted that by

virtue of constitution of Rajasthan State Wrestling Association, the

Senior Vice President performs the functions of President and all

the duties assigned to the President are discharged by the Vice

President. Counsel submitted that in view of the present position

of the petitioner as Acting Senior Vice President of Rajasthan

Wrestling Association, the players who are recommended by the

(Downloaded on 19/01/2021 at 10:15:47 AM)

 (3 of 4) [CW-19083/2019]

Rajasthan Wrestling Association under the aegis of petitioner are

alone eligible to participate in the 64 th Free Style Greco Roman

Style and 22nd Women Senior National Wrestling Championship to

be held at Jalandhar (Punjab) from 28.11.2019 to 01.12.2019.

Learned counsel for the petitioner submitted that in illegal

manner by usurping the power, parallel body is exercising its

control over selection of players for sending them to the National

Level Championship and as such this Court is required to pass

interim order restraining the Wrestling Federation of India from

entertaining any player from Rajasthan, who has not been

recommended by the elected office bearers of the Association.

Learned counsel for the petitioner submitted that in past

also, the petitioner-Association has sent its players to Chittorgarh

in the month of September, 2018, however the Wrestling

Federation of India did not permit such players to participate in

the Wrestling Championship.

Mr. Sanjay Sharma, Adv. appearing on behalf of the

respondent No.1-Secretary, Wrestling Federation of India

submitted that the time schedule which was prescribed for

participating in the National Championship was informed to all

concerned by sending letters in the Month of October and the last

date for sending players by holding trial, was 15.11.2019.

Learned counsel for the respondent No.1 further submitted

that the respondent-Wrestling Federation of India has received the

team from Rajasthan on the basis of recommendation made by

the Working Secretary and as such practice was followed in the

past also. Counsel submitted that as far as grant of interim relief

is concerned, this Court is required to consider that the players

(Downloaded on 19/01/2021 at 10:15:47 AM)

 (4 of 4) [CW-19083/2019]

from Rajasthan will be prevented from participating in the National

Games due to in fight of two fractions of one association.

Learned counsel for the respondent No.1 submitted that the

restraining of participating from any player from Rajasthan, would

not be in interest of players and as such prayer sought by the

petitioner, may not be granted by this Court.

I have heard the learned counsel for the parties and perused

the material available on record.

This Court prima facie finds that the present writ petition has

been filed by the petitioner on 13.11.2019 and the participation of

players from different State was sought in the month of October.

This Court further finds that the schedule of competition has

been fixed by arrival of teams from 28.11.2019 and passing any

order at this juncture will deprive the players from participating in

the National Championship.

This Court finds that the prayer sought in the stay

application to restrain the respondent-Federation from

entertaining any player from Rajasthan, not recommended by the

alleged elected office bearers of Association, Shri C.P. Singh and

Shri Nanu Singh, will not be in the interest of the players and as

such this Court is not inclined to pass any order on the stay

application.

Hence, the stay application is dismissed.

List the writ petition after four weeks.

(ASHOK KUMAR GAUR),J

Ramesh Vaishnav/86/97

(Downloaded on 19/01/2021 at 10:15:47 AM)

Powered by TCPDF (www.tcpdf.org)