Manipur High Court
Manipur Olympic Association & Anr vs Manipur Judo Association & 3 Ors on 10 January, 2025
Author: A. Guneshwar Sharma
Bench: A. Guneshwar Sharma
2025:MNHC:6
Item No. 1-3
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
Review.Pet. No. 1 of 2025 with
MC(Review Pet.) No. 1 of 2025 with
MC(Review Pet.) No. 2 of 2025
Manipur Olympic Association & Anr.
.....Petitioner/s
- Versus -
Manipur Judo Association & 3 Ors.
.... Respondent/s
BEFORE
HON’BLE MR. JUSTICE A. GUNESHWAR SHARMA
Order
10.01.2025
[1] Heard Mr. N. Ibotombi, learned senior counsel assisted
by Mr. A. Rommel, learned counsel for the petitioners, Mr. N. Jotendro,
learned senior counsel assisted by Mr. Murtaza Ahmed, learned
counsel for respondent No. 1 and Mr. M. Rarry, learned senior counsel
assisted by Ms. Nikita, learned counsel for respondent Nos. 2 to 4.
MC(Review Pet.) No. 1 of 2025 filed by the review
petitioner for exemption from filing certified copy of the order dated
07.01.2025 passed in WP(C) No. 2 of 2025 is allowed with the
direction , a certified copy may be deposited in the registry when the
same is available.
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[2] The review petitioners filed the present review petition
with a leave to file review of the order dated 07.01.2025 passed by this
Court in WP(C) No. 2 of 2025. The writ petition being WP(C) No. 2 of
2025 was listed during the vacation sitting on 07.01.2025 as there was
urgency for selection of the players of various disciplines for the coming
38th National Games on the ground that due to non-finalization of the
election of Manipur Olympic Association, necessary process for
selection for participating players could not be done. The prayer is
reproduced as:
“(i) Issue rule and call for records
(ii) to issue a writ in the nature of mandamus or any
other appropriate writ of the like nature to the
respondents for appointing/constituting an Adhoc
Committee consisting of the Commissioner (Youth
Affairs & Sports), Government of Manipur and the
Director of Youths Affairs & Sports, Manipur for
selection of players in connection with the upcoming
38th National Games of India to be held in the State of
Uttarakhand w.e.f. 28th January, 2025 to 14th February,
2025 till the finalization of the pending writ petition being
W.P (C) No. 68 of 2024 along with a M.C (W.P (C) No.
633 of 2024 in the larger interest of players.
or
direct the respondents to consider and dispose of the
representation dated 2/1/2025 preferred before the
Commissioner (Youth Affairs & Sports), Government of
Manipur and the Director, Youth Affairs and Sports,
within certain stipulated period”
And
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(iii) Pass any further order/orders, direction/directions as
deem fit and proper under the facts and circumstances
of the case.”
[3] The writ petition was filed in view of the pendency of
WP(C) No. 68 of 2024 filed by the petitioners herein challenging the
order dated 19.01.2024 issued by Registrar, Co-operative Society to
conduct fresh election thereby nullifying the election held on
13.01.2024 for Manipur Olympic Association.
[4] In the circumstances and on the joint submissions of the
learned counsel for the parties, this Court disposed of WP(C) No. 2 of
2025 with the following observations and directions:
“(i) A Committee consisting Administrative Secretary,
YAS, and Director, YAS, Government of Manipur is
constituted for the purpose of selecting player for
participating in the 38th National Games to be held w.e.f.
28.01.2025 to 14.02.2025.
(ii) The ad-hoc Committee shall select players for
participating in various disciplines by incorporating expert
(s) for each discipline.
(iii) This arrangement is made in view of the pendency
of WP(C) No. 68 of 2024.”
[5] Mr. N. Ibotombi, learned senior counsel for the review
petitioners (Manipur Olympic Association), submits that the writ
petition being WP(C) No. 2 of 2025 was filed by the Manipur Judo
Association and this Court passed a direction for constituting an ad-
hoc Committee for selection of players for all disciplines and it is
pointed out that the Indian Olympic Association was not impleaded as
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one of the party respondents in WP(C) No. 2 of 2025. Learned senior
counsel for the review petitioners has pointed out to the averment in
para 23 of the review petition that Manipur Olympic Association has
no role to play while selecting players for participating in 38th National
Games and in case of dispute amongst the State Association, the
Federation sometimes authorized the Manipur Olympic Association to
select the players in the team events.
[6] Mr. N. Ibotombi, learned senior counsel, also draws the
attention of this Court to Annexure-R/11 which is a letter dated
20.12.2024 issued by the Chairperson, GTCC, 38th National Games,
Uttarakhand wherein it has been stipulated as:
1. National Sports Federations will provide the names of
the qualified athletes, as per the guidelines of their
respective sports, to the concerned State Sports
Associations.
3. State Sports Associations will submit their entries,
including the designated quota for athletes, coaches,
managers, and support staff, to their respective State
Olympic Associations.
4. State Olympic Associations will upload all entries to the
designated portal within the stipulated timeline.
5. In the event that the SOAs fail to submit the entries
within the given timeline, the GTCC reserves the right to
delegate this responsibility to the NSFs to ensure
adherence to deadlines.
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[7] Mr. N. Ibotombi, learned senior counsel, submits that in
view of the guidelines submitted by the organizing committee of the
38th National Games, the impugned order dated 07.01.2025 of
constituting the ad-hoc committee would not have been passed as the
same will be in violation of the guidelines issued by the Indian Olympic
Association. Learned senior counsel also pointed out that the present
office bearers appointed in the election held on 13.01.2024 are still
shown in the website of the Indian Olympic Association. It is prayed
that appropriate order may be passed for setting aside or recalling or
modifying the impugned order dated 07.01.2025.
[8] Mr. N. Jotendro, learned senior counsel for respondent
No. 1 herein (writ petitioner in WP(C) No. 2 of 2025 i.e. Manipur Judo
Association) submits that the writ petition was filed as the State
Government has not recognized the election result declared on
13.01.2024 and in order to protect the interest of the sportsperson in
general and judo players in particular. Learned senior counsel further
submits that in case the review petitioners have no role to play in the
selection and the same is to be done by the national federation in
terms of Annexure-R/11 and the said principle may be applicable to
the judo discipline also.
[9] Mr. M. Rarry, learned senior counsel for the State
respondents, submits that the State Government has not recognized
the present office bearer of the Manipur Olympic Association as the
election held in the year 2024 was conducted by the outgoing officials
of the Manipur Olympic Association without any authority and vide
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order dated 19.01.2024 the Registrar of Societies, Manipur
(respondent No. 4 herein) directed for holding fresh election. Learned
senior counsel further submits that no leave for third party review
petition has been filed by the review petitioners. Learned senior
counsel further submits that the observation made by this Court in the
present order shall prejudice the right of the parties in the pending
WP(C) No. 64 of 2024 and also there is no mistake in the impugned
order dated 07.01.2025.
[10] Mr. N. Ibotombi, learned senior counsel, clarifies that the
impugned order would not have been passed if the review petitioners
were impleaded as one of the parties in WP(C) No. 2 of 2025 and the
fact that Manipur Olympic Association has no role in selection of the
players could not be placed before this Court. It is pointed out that
prayer No. 1 in the review petition is a leave to file the present review
petition and there is no mandatory requirement of filing a separate
application. Learned senior counsel further submits that upon passing
of the interim order dated 29.01.2024 in WP(C) No. 68 of 2024 as on
date, the purported election of office bearers of the Manipur Olympic
Association still subsists and the legality or otherwise of the election
will be a subject matter of WP(C) No. 68 of 2024.
[11] Leave Granted. [12] This Court has considered the materials on record and
the submissions made by the learned counsel for the parties.
[13] It is admitted fact that the terms of the office bearers of
the governing body of the Manipur Olympic Association expired and
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after the expiry of the terms of the governing body of the earlier office
bearer, the election of Manipur Olympic Association was declared on
13.01.2024 and the same was not recognized by the State Government
vide order dated 19.01.2024 and directed to conduct a fresh election.
The order dated 19.01.2024 issued by the Registrar of Societies,
Manipur was stayed by this Court vide order dated 29.01.2024 in
WP(C) No. 68 of 2024 and interim order is extended from time to time.
[14] This Court is of the opinion that the legality or otherwise
of the election purportedly held on 13.01.2024 is the subject matter of
the writ petition being WP(C) No. 68 of 2024. In the present petition the
issue is for selecting and submitting the names of the players
representing Manipur in the 38th National Games to be held in
Uttarakhand from 28.01.2025 to 14.02.2025. Considering the
submissions of the parties in WP(C) No. 2 of 2025, this Court passed
the order dated 07.01.2025 constituting an ad-hoc committee
consisting of the Administrative Secretary and Director of Youth Affairs
and Sports, Government of Manipur along with special expert of each
discipline and such direction was issued due to pendency of the writ
petition being WP(C) No. 68 of 2024. However, on perusal of the letter
dated 20.12.2024 issued by the Chairperson, GTCC, 38 th National
Games, Uttarakhand under the aegis of India Olympic Association, the
National Sports Federations will provide the names of the qualified
athletes, as per the guidelines of their respective sports, to the
concerned State Sports Associations. State Sports Associations will
submit their entries, including the designated quota for athletes,
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coaches, managers, and support staff, to their respective State
Olympic Associations. State Olympic Associations will upload all
entries to the designated portal within the stipulated timeline. In the
event that the SOAs fail to submit the entries within the given timeline,
the GTCC reserves the right to delegate this responsibility to the NSFs
to ensure adherence to deadlines.
[15] On perusal of the guidelines issued by the Indian Olympic
Association, the selection is to be done by the National Sports
Federation on the basis of the existing guidelines and the names have
to be informed to the State Association who will submit the same to the
State Olympic Associations and the State Olympic Associations have
to upload all the entries to the designated portal within the stipulated
time. In view of the guidelines issued by the Indian Olympic
Association, there is no requirement of any committee of selecting the
sportspersons for participating in the 38th National Games and the
purpose of constituting the ad-hoc committee vide order dated
07.01.2025 will amount to interfering the power of the National Sports
Federation for selection of the players with respect to the State of
Manipur.
[16] This fact is admitted by the review petitioners i.e. Manipur
Olympic Association in para 23 of the review petition that MOA has no
role in selecting the players for participating in the 38th National
Games. It is further stated in para 23 that in case of dispute amongst
the State Associations, the National Federations sometimes authorize
the Manipur Olympic Association to select the players in the team
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events. In the website of the Indian Olympic Association, the name of
the present governing body of the Manipur Olympic Association are still
reflected and vide letter dated 07.01.2025, executive officer of the
organizers of the National Games has invited office bearers of the
governing body of MOA to attend the National Games.
[17] Without expressing any opinion on the legality of the
elections of the governing body of Manipur Olympic Association as
involved in WP(C) No. 68 of 2024 and without prejudice to the rights of
the parties herein, this Court clarifies that there is no requirement of
constitution of ad-hoc committee for selecting the players for the
ensuing 38th National Games at Uttarakhand as the selection of the
players is to be done strictly in terms of the guidelines issued by the
Indian Olympic Association vide letter dated 20.12.2024 issued to all
National Federations, State Olympic Association and others
participating federation.
[18] This modification in the impugned order dated
07.01.2025 is based in view of the submissions of the Manipur
Olympic Association that it has no role in the selection of the players
for participating in the National Games and in case of dispute amongst
the associations for selection of the players for team events sometime
the power is delegated to MOA.
[19] With this observations, review petition is disposed of and
the impugned order dated 07.01.2025 is accordingly modified.
[20] In view of the order passed in the main petition,
MC(Review Pet.) No. 2 of 2025 is disposed of as infructuous.
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[21] Furnish a copy of this order to the learned counsel for the
parties during the course of the day.
[22] This Court appreciates the assistance given by the
learned counsel appearing for the parties and official of the Registry
for constituting special bench during vacation.
JUDGE
Kh. Joshua Maring
Digitally signed by
KH. KH. JOSHUA
JOSHUA MARING
Date: 2025.01.10
MARING 16:52:46 +05'30'
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