Indiab Olympic association 's plea transfer of writ petition pending before kerela High Court to Delhi high Court and which was dismissed by high Court
12 nov 2020
The kerela Olympic association has filled a petition against the Ethics commission of the IOA regarding the election held last year. Before the apex the IOA contended any proceedings against it, as per its own bylaws."Suffice it to say that if a court has no jurisdiction to try a lis, it is good for the party raising the issue of jurisdiction to seek the dismissal/return of the proceedings, rather than seeking a transfer. I fail to understand the anxiety of the petitioner, to make an irregular proceeding initiated by the first respondent, regular.", Justice V. Ramasubramanian said.
The IOA stayed on the decision in Aree Industries and others vs Ratan Lal Sharma, to contend a particular proceedings. A wrong court, It will not have any bearing on the question of transfer. In this regarding the court observed."The decision in Arvee Industries (supra) is no answer to this contention, since this Court did not say in that case that an invalid proceeding, may be validated, at the instance of the opposite party by transferring the same to a court having jurisdiction. Paragraph 13 of the decision in Arvee Industries (supra) is of significance."
While dismissing the transfer petition, the court said that IOA can raise the issue of jurisdiction before the Kerala High Court, along with all other contentions on merits.