High Court Of Delhi
AII INDIA WOKEYS HOCKEY FEDERATION - Appellant
Versus
INDIAN OLYMPIC ASSOCIATION - Respondent
.
Decided On : 08/05/1994
( 1 ) FEMALES having adopted hockey sticks in their hands are face to face in a court of law. Their centre of activities has shifted from hockey field to court room and they expect the Judge to be a referee; the momentary object being not to have the number of goals counted and find who has won the match, but to have a judi- cial verdict on who has won at the election and who should occupy the coveted seats of office bearers in the Federation who is named as the plaintiff. But they cannot be obliged.
( 2 ) MEMBERS of a voluntary sports organisation bound by the commands of the creator constitution must settle their scores not in a court of law, but before the Judge of their own choosing, i. e. an Arbitrator. Disputes arising among the per- sons who have associated themselves to form a club. MKivtv or federation are not ordinarily open to judicial interference. Their disputes must be settled not with legal subtlities but in a homely atmosphere before ii domestic tribunal, if there be one provided and available. The Court may interfere if the Association or the members thereof may act illegally in a manner not authorised by their constitu- tion or in violation of principles of natural justice. Even in such a case, if the con- stitution governing them provides them a forum for adjudication of disputes, the court of law would ordinarily stay its hands, drive the parties to their own chosen forum and compel them to abide by its decision.
( 3 ) THE plaintiff has entered the court naming itself as All India Women s Hockey Federation, suing through Mrs. Nirmal Milkha Singh stating herself to be the General Secretary. The contesting defendants have come out with the plea that the plaintiff to be more accurate should have been described as Indian Women s Hockey Federation. It is not disputed that the plaintiff Federation, whatever be its exact descriptive name, is affiliated with Indian Olympic Association, a parent body, without which affiliation, the plaintiff Federation would not even exist.
( 4 ) THE constitution of the Indian Olympic Association known as Memorandum of Association thereof and the Rules and Regulations framed thereunder con- tained in a printed booklet have been made available for the perusal of the court. What is relevant for the purpose of the present order is clause XIX, which is ex- tracted and reproduced hereunder : XIX. Settlement of Disputes/conflicts in the National Sports Federationsi State Olympic Associations (i) All National Sports Federations/associations/ State Olympic Associations affiliated to IOA shall include in their constitution provision that the Federations/associations would have all unresolved disputes settled by the IOA and their Members shall voluntarily surrender their right of seeking redress in any court of law. (ii) Every member shall be deemed to continue its membership of the IOA on the specific condition that it voluntarily surrenders its right of seeking redress in any Court of Law. (iii) All unresolved disputes arising within the National Sports Federations/ Association/state Olympic Associations affiliated to the IOA shall be referred by the Federations/associations to IOA for settlement by the IOA. For this purpose, the IOA Executive Council on the recommendation of the President IOA shall recommend 9 names to the disputing parties to select one name, in consultation with the President IOA which is acceptable to both the parties. The Arbitration proceedings shall be completed within the period specified by the IOA Executive Council. President IOA based on the circumstances of the case has the authority to extend or vary the period. (iv) In the event of an unresolved dispute within an affiliated Unit of the IOA which is referred to the IOA by a Member and which affects normal working of the Unit or prevents preparation and training of the sport/team under the charge of the Unit for purposes of International representation/competition, the IOA Executive Council will
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