IN THE HON'BLE HIGH COURT OF DELHI AT DELHI

(EXTRAORDINARY CIVIL WRIT JURISDICTION

W.P (C) NO. 5803 OF 2023
IN THE MATTER OF:
MANOJAN RAJAN AND ORS. . ..PETITIONERS
VERSUS
AMATEUR KABADDI FEDERATION
OF INDIA (AKFI) & ORS. . .. RESPONDENTS

INDEX
- NDOH: 12.10.2023
[ SL.NO. I
PARTICULARS: I
PAGE NOS: l
l. Additional Affidavit on behalf of the
Respondent No.15:
1-5
-
2. Annexure A/1:
~

6-7
A copy of the letter dated 22.09.2023
addressed by the Respondent No.15 to the
Ld. Administrator of AK.FI, informing him
regarding the amendments carried out to
the constitution of the Respondent No.15 to
bring it in conformity with the National
Sports Code.
8
-
3. I Proof of Service I _J

FILED BY:

ANJUMAN TRIPATHY
Advocate for the Applicants
B-93, GF, Sector 14, Noida,
Uttar Pradesh -201301
Phone No. 9818408960
Email id: t!Ill u rnan tr i p�l!b.y_W!_\f(gmail. co m
New Delhi
Date: 10/10/2023

~
Generi Secre\atY
~11sttian State Kabaddi 1'.ssor.iittor.
 1

IN THE HON'BLE HIGH COURT OF DELHI AT DELHI

- (EXTRAORDINARY CIVIL WRIT JURISDICTION)
W.P (C) NO. 5803 OF 2023
• ... ....:_ ..- - -;,f IN THE MATTER OF:
MANOJAN RAJAN AND ORS. . .. PETITIONERS
VERSUS ·

---
AMATEUR KABADDI FEDERATION
OF INDIA (AKFI) & ORS. ... RESPONDENTS

ADDJTlONAL AFFlDA VIT ON BEHALF OF THE RESPONDENT NO. 15:

MOST RESPECTFULLY SHOWETH:-

I, Shri Narendra Kumar Summarwar, aged about 70 years, S/o: Late Shri

Prabhati Lal, R/o:751/29, Annadpuri, Nagbai, Dhola Bhata, Ajmer

(Rajasthan), do hereby solemnly affirm and declare as under:

1. That I am the Secretary/Authorized Representative of the Rajasthan

State Kabaddi Association, the Respondent No. 15 in the captioned writ

petition, and I am aware of the facts and circumstances of the instant

case and hence competent to swear this affidavit.

' That the Respondent No.15 has filed an application (CM Appl No.

46380/2023) seeking a clarification with regard to the order dated

24.07.2023 passed by this Hon'ble Court in the captioned writ petition,

. 7 namely as to the prerequisites for the continuance of the election

N AJME~

process contemplated therein.

~ ~
General Secretary
"''ll~Jl!l State Kabaddi AS!:1',.;,,t;,_,.
 2

3. By order dated 06.09.2023, this Hon'ble Court was pleased to issue

notice in the said application to the Respondent No. l i.e., Amateur

Kabaddi Federation of India ("AKFI") and the next date of hearing is

now fixed for 12.10.2023.

4. On 24.09.2023, the Respondent No.l has filed its Reply in response to

the application for clarification (CM Appl No. 46380/2023) filed by the

Respondent No.15.

5. The said application for clarification was necessitated by a letter dated

16.08.2023 addressed by the Ld. Administrator of the AKFI to all the

constituent units of the AKFI directing them to furnish the details of

their compliance with the following judgments and order.

1. Judgment dated 16.08.2022 passed by this Hon'ble High Court in

W.P (C) No. 195/2010 titled Rahul Mehra v. UOI & Ors.

(Hereinafter referred to as the "Rahul Mehra Judgment")

11. Judgment dated 10.02.2023 passed by this Hon'ble High Court in

W.P(C) No. 8915/2019 titled K.P Rao v. UOI & Ors. (Hereinafter
-·
IT r s1/t
~yo Jl() )~
referred to as the "KP Rao Judgment").

usul, AJM Ei4i Order dated 24.07.2023 passed by this Hon'ble High Court in
WP(C) 5803/2023 titled Manojan Rajan v. AKFI & Ors

(captioned writ petition).

neral Secratary
~ajl'sthan State Kabaddi Association
 3

6. While the letter of the Ld. Administrator dated 16.08.2023 does not

specify the nature of the compliance that is being sought for before

conducting the elections as directed by this Hon'ble Court in KP Rao

Judgment and further directed in the instant case by order dated

24.07.2023, the Applicant has preferred the captioned application on an

assumption that the Ld. Administrator expects the District and State

associations to conduct their own elections, before the elections to the

AKFI can be conducted. The reasons as to why the elections to the

AKFI need not await the elections to the District and State associates

has been elaborately explained in the captioned application.

7. Nonetheless, at the cost of repetition, it may be reiterated that the KP

Rao Judgment has been delivered with full cognizance of the directions

in the Rahul Mehra Judgment and so also Mahipal Singh v Union of

India, 2018 SCC OnLine Del 10284 and these decisions have been

factored in while issuing operative directions in the KP Rao Judgment.

D ln short, it is due to the fact that the elections to the AKFI have been

0
• roJ ,fo;;goverdue, i.e., for a period of 4 years, this Hon'ble Court has in the
uJ, JMERKPR ao JU
T d •
gment issue •
d d.1fect10ns • manner o f
w h.1ch are stop-gap ma

speaking.
 4

9. While the letter of the Ld. Administrator dated 16.08.2023 does not

allude to any specific compliance, it may be noted that 18 out of 27

affiliates of the AKFI, who possess voting powers, have passed

resolutions to amend their constitution in compliance with the National

Sports Code as directed in the KP Rao Judgment. It may be further

noted that another 3 affiliates of AKFI have scheduled their general

body meetings during this month i.e., October 2023 to pass necessary

resolutions for amending their constitutions to bring it in conformity

with the National Sports Code. A copy of the letter dated 22.09.2023

addressed by the Respondent No.15 to the Ld. Administrator of AKFI,

informing him regarding the amendments carried out to the constitution

of the Respondent No.15 to bring it in conformity with the National

Sports Code is annexed herewith and marked as Annexure A-1.

By way of the instant affidavit, the Respondent N o.15 seeks to bring on

record the communications by the said affiliates to the Ld.

Administrator on record, in the captioned writ petition, lest the

requirement to amend the constitutions (though the same is not linked

~o
,,_,,, to the holding of the elections) is cited as a reason to not hold the
0 /0
PUoLIC, AJMER elections.

:~
0-,l~cth:m State Kabaddi Assori::ittn"
 5

11 . I state that the contents of the instant additional affidavit are true and

correct to the best of my knowledge. No part thereof is false and nothing

material has been concealed therefrom.

12. That Annexure A-1 is the true copy of its original.

j
~V
-- ..
-~~,::----- ., VERIFICATION: l
l O l o✓;
Ajmer _on this __ day of _ _ _2023 that the
Verified at ____

contents of forgoing affidavit are based on my knowledge and belief,

no part thereof is false and nothing material has been concealed .

NEW DELHI
DATED: 10.10.2023
 6 ANNEXURE A-1
1?.g,jasthan State 'l(a6addi jlssociation
(Affiliated to Amateur Kabadd i Federation of India ,
Rajasthan State Sports Council and Rajasthan State Olympic Association)

President : General Secretary : Treasurer :

TEJASVI SINGH
2 - Aakanksha, Ajmer Road,
JAIPUR - 302 021
Phone :+919636363000 .
E-Mail : tejasvigehlot@gmail.com
NARENDRA KUMAR SUMMARWAR
75 1/29 Dr. Ahuja Ke Pas
Anandpuri NagBai, Ajmer - 305007
Phone : +91 9414281053
E-Mail : nksummarwa r@gmail.com
CHANDRA PRAKASH JOSHI
138 Sh astri Nagar, Dadabari Distt.
Kota, 324009
Phone:+91 -9799498319,8107828518
E-Mail : chandujoshi1945@gmail.com

22 .09.202 3

To,
The Justice (Retd.) S.P. Garg
Administrator /Pres ident
Amateur Kabaddi Federation of India
E-386 Basement, Cabin " B" Greate r Kailash Part 1,
New Delhi - 110 048

Sub: - Regarding compliance of the various Judgments/Orde rs pas sed by Hon' ble Del hi High Co urt,
for comply with the provisions of the National Sports Develo pmen t Co de-20 11.

Ref: - Email dated 11-02-2023, 31-07-2023 and 16-08-2023 se nt by the Assista nt S cretary AKFI.

Dear Sir,

With reference to the above it is to inform your good se lf th at Annua l Gen era l Bod y Meeting
of RSKA was convened on 17-09-2023 and fo llowing amendm ents have be en incorporated in th e
const itution/ bye laws of the RSKA :-

1. After clause 15.3.7 the following clauses are added.

15.3.8 He/ She has not completed t he age of 70 years.

15.3.9 He/ She has not completed continues two tenures as a mem ber of the Execut ive Co mmi tt ee
of RSKA.

15.3.10 He/ She has not completed three tenu res (12 yea rs) in all, as a member of the Executive
Committee of RSKA

15.3.11 He/ She, a member of the Executive Committee of RS KA, sha ll automatica ll y disqualifi ed ,
on the date of attaining age of 70 years and his post shall sta nd vacat ed.

2. After clause 22.14 the following clauses are added.

22 .15 No affiliated/ member Distr ict Kabadd i Assoc iat ion shall elect or al low to contest Election
of its Executive Comm ittee, a person wh o has att ained age of 70 yea rs and remained a
member of the Executive Comm ittee for three t enures (12 years ).
 7
<Rg,jastlian State 1(a6acfdi Jlssociation
(Affiliated to Amateur Kabaddi Federation of India ,
Rajasthan State Sports Council and Rajasthan State Olympic Association)

President : General Secretary : Treasurer:

TEJASVI SINGH
2 - Aakanksha, Ajmer Road,
JAIPUR - 302 021
Phone:+919636363000
E-Mail : tejasvigehlot@gmail.com
NARENDRA KUMAR SUMMARWAR
751/29 Dr. Ahuja Ke Pas
Anandpuri NagBai, Ajmer - 305007
Phone:+919414281053
E-Mail : nksummarwar@gmail.com
CHAN DRA PRAKASH JOSHI
138 Shastri Nagar, Dadabari Distt.
Kota - 324009
Phone:+91-9799498319,8107828518
E-Mail : eh ndujoshi1945@gmail.com

22.16 Each affiliated/ member District Kabaddi Association shall make pro visio ns in th ei r by e-
laws to have age and tenure restrict ions as per the National Spo rts Dev elopment Cod e-
2011.

3. After clause 31.7 the following clause 31.8 is added.

31.8 Tbis Constitution shall be subject to the overarch ing requ ire ments, prohib it ion s and
stipulations specified in the National Sports Code (inclu ding it s su bsequent
amendments and modifications) and in the event of any incon sist ncy betwe en t his
Constitution and the National Sports Code, 2011 the rel evant correspond ing
provision of the National Sports Code shall apply to the exte nt of suc h in con sistency.
Any provision of this Constitution that is inconsi ste nt with the Natio nal Sports Code
in its entirety shall be inoperative and deemed to have be en de le t ed from th is
Constitution .

A copy of the minutes of the AGM are enclosed for your kin d perusal.

It is submitted that RSKA has fully complied with the Judgments/ Orders of the Hon' ble Delhi
High Court and the emails sent by AKFI. This fact may kindly be ta ke n on reco rd and oblige .

Thanking You .

y
Yours Truly

i ~SinghJ
President
Rajasthan State Kabaddi Association

Enclosed -Annexure as above

True copy