High Court of Delhi
MANMOHAN SINGH, J.
Ravipreet Singh
Versus
National Rifle Association of India (NRAI)
O.M.P. 207 of 2013 & I.A. No. 3902 of 2013
Decided on : 05-04-2013.
Arbitration - Election Dispute - Arbitration and Conciliation Act, 1996 - Rule 3 Explanation III of the Constitution of the respondent association provides for the manner of election of representatives from the units of annual and life members to the General Body NRAI. The decision of the Governing Body in its meeting dated 1st February 2013 prescribing the mode of election is in conformity with the Rules. No manifest illegality exists to warrant court intervention under Section 9 of the Act. The petition is dismissed.
Manmohan Singh, J.
1. The petitioner has filed the instant petition under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the said “Act”) seeking the following reliefs: i) Restrain the respondent from holding elections in the arbitrary manner; ii) Direct the respondents to hold elections in adherence to the model Election Guidelines provided in the National Sports Development Code of India, 2011 and to provide complete schedule for elections including appointment of impartial Returning Officer, providing dates for nomination, scrutiny, withdrawal then publishing final list of candidates followed by time of canvassing and holding of elections by secret ballot; iii) To stay the agenda for the meeting held on 22nd February, 2013; iv) Appoint retired Judge of Supreme Court/High Court as the independent Returning Officer/Observer for conducting of the elections; v) Direct the respondents to hold elections under videography so as to ensure no violations of the law; and vi) To stay the decisions taken in the meeting of the governing body held on 22nd February, 2013.
2. The case of the petitioner is that the petitioner is a life member of the respondent Association. The respondent is the Sole Body In-charge of developing the discipline of shooting in India and has been given Government Patronage as well as recognition who has its Constitution which provides for arbitration clause.
3. The respondent had held its governing body meeting on the 1st of February, 2013 wherein it had decided to hold the elections for its governing body on 6th April, 2013. The life members of the respondent Association area all clubbed into the association under the name and style of “Wild Life Association of India” while the Annual Members for the respondent Association are all clubbed into the “Shooters Association of India”. Both these associations are part and parcel of the respondent.
4. The petitioner is one of the members and is a resident of Sangroor, Punjab. It is contended that it was incumbent upon the respondent Nos.2 and 3 to state as to the manner of the election to be held as well as to provide complete schedule inasmuch as it was important for them that they should have given a complete schedule for the elections to be held on 4th March, 2013 for “W ild Life Association of India” in a similar manner as has been done by them for the elections to be conducted on 6th April, 2013.
5. It is submitted that eight members are to be elected to the General Body from the elections to be held from 4th March, 2013 the “W ild Life Association of India” which the petitioner is also desirous of being a candidate however due to the acts of omission and commission attributable to the respondent the process have been violated completely.
6. The petitioner has also got to know that on 15th February, 2013 an emergent meeting was called which was after the announcing of the elections and as such was not permissible but was called to discuss the issues pertaining to sports and matters relating to constitution and during the course of the meeting dated 22nd February, 2013 the entire agenda for the emergent General Body Meeting was changed and the new agenda which was floated during the course of the meeting. Among other issues, one of the issues taken up was that the President Mr. Raninder Singh i.e. the respondent No.3 was appointed as the Chairman to conduct elections to be held on 4th March, 2013. The decision was taken on emergent meeting without any procedure laid down. Mr. Raninder Singh happens to be a candidate himself for the forthcoming elections to be held on 6th April, 2013 of the respondent Body.
7. The respondent’s Governing Body is not conforming with the National Sports Development Code of India 2011 has been duly noted by the General Press also and an Article to this effect was duly published on 4th February, 2013 on the online news version of NDTV Sports.
8. It is also alleged by the petitioner that kee
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