About the legality of those and
was prayed about a temporary injunction order as the declared Executive
Committee on the dated 28/12/05 as well as the Defendants No. 6-33 could not be
taken any activity to this connection. On the other side, the Defendants No.
6-33 were submitted of their written objection in together and was refused
about the statement of temporary injunction of the Plaintiff applicant.
According to the written objection of the said Defendants, the actual
description in short is that all of the Sport Federations including the
Bangladesh Hockey Federation are under control of National Sports Council. The
National Sports Council may give the order for any kind to do amendment
according to the National Sports Federation and according to the Article 20 of
the Election Ordinance 1997 of the National Sports Federation and according to
this manner, there has been made amendment and has been made enlargement for
the constitution of the National Hockey Federation. There was formed a recommendation
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committee
for to make justification and verification of the constitution to the
Federation under National Sports Council and for this, there was held of the 19th
Council Meeting. In the said meeting and with the full compliance, there was
made recommendation to do amendment of different Article, Sub-Article for the
constitution of the Federation and vide the reference No.
NSC/120/17/Gen.(3)/2277, dated 2/8/05 AD, there was requested the General
Secretary of the Bangladesh Hockey Federation of Bangladesh to make amendment
of different Article and Sub-Article and to be sent 3 (Three) of copies to
Sports Council and according to this, the General Secretary of Bangladesh
Hockey Federation was made amendment of the constitution as per direction of
the Sports Council and was sent to the Sports Council and the Sports Council
was approved of the said amendment. According to the constitution of Bangladesh
Hockey Federation and for the Election on the passed dated 5/12/05 AD. The
Election was held on the passed dated 27/12/05 AD. after over come of different
step of the Election. In the said Election, a panel of the present plaintiff
was participated and there was elected 14 persons from the nominated panel of
the plaintiff. But the plaintiff was defeated
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Page-6
after made Election to the post
of General Secretary. After defeated by the Plaintiff with the participation in
all part of the Election Process and after took the responsibility of the
Elected Executive Committee and while conducting of different Tournament and
with fully false and baseless statement was lodged about this case and was made
a demand to that connection for submitting of the application of a temporary
injunction. These Defendants were made application about directly non-approval
for the temporary injunction application submitted by the plaintiff.
CONSIDERABLE
FACTS :
1. Is
there any Prima Facie Case in abatement of temporary injunction application of
the Plaintiff applicant Party?
2. Is there any
equilibrium position about the facility and dis-facility to the favor of the
Plaintiff Party?
3. Is there any
chance to happen of non-recoverable harm of the Plaintiff Party?
4. Is eligible to
consider about the temporary injunction of the Plaintiff Party?
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