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IN THE HIGH COURT OF DELHI AT NEW DELHI
PURUSHAINDRA KUMAR KAURAV, J.
Pondicherry Basketball Association, Through its Secretary – Appellant
Versus
Union of India, Through its Secretary, Ministry of Youth Affairs & Sports, Department of Sports and Others - Respondents.
W.P.(C) 1731/2023 With W.P.(C) 1915/2023 & CM APPL. 7291/2023, CM APPL. 10029/2023, CM APPL. 10032/2023, CM APPL. 11305/2023, W.P.(C) 1982/2023 & CM APPL. 7557/2023, CM APPL. 10031/2023, CM APPL. 11300/2023, W.P.(C) 1731/2023, W.P.(C) 1915/2023, CM APPL. 7291/2023, CM APPL. 10029/2023, CM APPL. 10032/2023, CM APPL. 11305/2023 and W.P.(C) 1982/2023, CM APPL. 7557/2023, CM APPL. 10031/2023 and CM APPL. 11300/2023
Decided on : 02-05-2023
| Table of Content |
|---|
| 1. background of the petitions regarding bfi elections. (Para 1 , 2 , 3) |
| 2. allegations against the bfi president's influence. (Para 4 , 5 , 6) |
| 3. procedural matters regarding the petitions. (Para 10 , 11 , 12) |
| 4. interim orders regarding election processes. (Para 13 , 14) |
| 5. discussion on the role and conduct of the returning officer. (Para 35 , 36 , 38) |
| 6. judicial review principles in election disputes. (Para 39 , 54 , 73) |
| 7. final rulings on the rejection of nominations and election conduct. (Para 74 , 75 , 76) |
JUDGMENT :
Purushaindra Kumar Kaurav, J.
This batch of three petitions filed under Article 226 of the Constitution of India, relates to the election of the office bearers and members of the Executive Committee of Basketball Federation of India (hereinafter referred to as ‘BFI’) for the term 2023-2027. Since common issues are involved, therefore, the same are being decided by this common order.
2. The first petition being W.P.(C)1731/2023 was filed by the Pondicherry Basketball Association, seeking directions against respondent No. 1 i.e. Union of India (in short ‘UOI’), inter alia, to appoint any retired judge of this court or of the Hon'ble Supreme Court to supervise and monitor the conduct of election of respondent No. 2-BFI in a fair, impartial and transparent manner which was scheduled to be conducted on 18.02.2023.
3. It is stated in the petition, that respondent No. 2-BFI was formed in the year 1950 and was registered under the provisions of the Societies Registration Act, 1860, having its registered office at National Capital Territory of Delhi (hereinafter referred to as ‘NCTD’). The provisions of the National Sports Development Code of India, 2011 (hereinafter referred to as ‘Sports Code’) issued by UOI are applicable to all the National Sports Federation (hereinafter referred to as ‘NSF’) including respondent No. 2-BFI. The NSFs are bound to follow the Sports Code and, the Model Election Guidelines (‘MEG’) which are the part of the Sports Code.
4. It is stated that the incumbent President of respondent No. 2-BFI who is from the State of Karnataka vide his letter dated 30.01.2023, informed that one Mr. Malleshappa, former District Judge, has been appointed as the Returning Officer (hereinafter referred to as ‘RO’), impleaded as respondent No. 3 herein. It is stated that there was no address available of the RO. It is alleged that such an appointment has been made with an object to ensure that the entire election remains under the control of the incumbent President.
5. On 04.02.2023, respondent No. 2-BFI released the calendar of events for the election signed by respondent No. 3-RO. It is alleged that the incumbent President of respondent No. 2-BFI is a politically influential person and is currently serving as the Deputy Leader of Opposition in the Karnataka Legislative Council and is highly capable of conducting the elections in his favour and influencing the result thereto. Therefore, the RO has been appointed from the State of Karnataka itself and the venue for conducting the election has also been deliberately chosen as Karnataka, despite the fact that the Head Office of respondent No. 2-BFI is situated in New Delhi. Various other averments have been made to indicate the importance of respondent No. 2-BFI and the role of the Ministry of Youth Affairs and Sports.
6. For the sake of clarity, prayer clauses in W.P.(C)1731/2023- ‘ Pondicherry Basketball Association v. Union of India ’ are reproduced as under:—
a) Respondent No. 1 to appoint any retired Judge from this Hon'ble Court or Hon'ble Supreme Court of India to supervise and monitor the conduct of the Election of Basketball Federation of India
The court affirmed that challenges to election nominations must be made post-election through an election petition, as per Article 329(b) of the Constitution.
The plenary powers of the Election Commission of India under Article 324 of the Constitution to correct errors or deficiencies in the electoral process and the limitation of judicial intervention at ....
Writ courts cannot intervene in nomination rejections during electoral processes under Article 226; jurisdiction is limited unless significant administrative errors invalidate the election process.
The right to contest an election is a statutory right, and the challenge to the rejection of nomination papers through a writ petition is not maintainable during the election process. The remedy of f....
The rejection of nomination papers constitutes an election dispute, resolvable only through an election petition as per statutory provisions, emphasizing judicial restraint in electoral matters.
The nomination was rightly rejected due to substantial defects which could not be corrected post-deadline, validating the Returning Officer’s actions.
Election jurisprudence, its principles and the applicability of election laws have different delineations and dimensions. They indeed operate and has to be allowed to operate in their own way so as t....
A writ petition is not maintainable to challenge the rejection of a nomination form for a Gram Panchayat election, as Article 243-O(b) of the Constitution bars such a challenge.
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