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Judgment
R.S., CJ
[1] Heard Mr. S. Rajeetchandra, learned counsel for the petitioner. Also heard Mr. P.Tamphamani, junior advocate to learned Advocate General for the State respondent.
[2] The prayers in this writ petition are as follows:-
"a) To issue notice to the respondent.
b) To admit this petition.
c) To issue a rule nisi in the nature of Writ of Quo-Warranto/Certiorari/Mandamus calling upon the respondent to show cause as to why a direction to disbar elected members of the State Assembly and Govt. servants from holding office in any state sports association be issued.
d) And make the rule absolute after hearing the parties by issuing appropriate directions(s)/order (s)."
[3] In support of the writ petition, the petitioner relies upon the list of Sports Association and the list of their representatives. The allegation is that some are elected representatives, ex-legislatures, officers, etc. There is no proof of the persons appointed to the said Sports Association or body. We find that page No.28,29 and 30 of the writ petition which give the above details are all typed list, which has no supporting materials to show that the persons named are there officially or legally appointed by any authority. Unless valid proof of appointment to the office is produced, no presumption can be made. If typed version of such appointment are filed without the original, it may lead to confusion as to who is holding what post. Genuine person or persons may be missed out.
[4] Be that as it may, learned counsel relies upon a decision of the Hon'ble Supreme Court in the case of Board of Control for Cricket vs. Cricket Association of Bihar & ors. reported in 2016 (8) SCC 535. When a specific question is asked to the learned counsel as to the portion of the decision he is relying for this case, the learned counsel pleads that he is not fully aware. Further, he stated that he would like to file a better writ petition giving all particulars in support of the case.
[5] Since the relief sought in the writ petition is based on incomplete and inadmissible documents and the counsel is not able to address the Court on the issue raised, we close of the writ petition giving liberty to the petitioner to file a fresh PIL in the proper manner, if he chooses to.
[6] Observing as above, the PIL stands disposed of.