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IN THE HIGH COURT OF DELHI AT NEW DELHI
Tushar Rao Gedela, J.
Rajasthan Equestrian Association – Appellant
Versus
Shri Sps Tomar – Respondent
CONT.CAS(C) 73 of 2022 with W.P.(C) 10342 of 2019 & CM APPL. 42732 of 2019, CM APPL. 16483 of 2020, CM APPL. 32960 of 2020, CM APPL. 43562 of 2021, CM APPL. 31560 of 2022, CM APPL. 33330 of 2022, CM APPL. 36336 of 2022, CM APPL. 42691 of 2022, CM APPL. 54682 of 2022, CM APPL. 284 of 2023.
Decided On : 11-04-2023
The Court directed the Equestrian Federation of India (EFI) to hold elections for its Executive and Selection Committees, considering the impending 19th Asian Games and the need for a democratically elected body. The Court appointed a retired judge as the Election Officer/Returning Officer to determine the Electoral College, draw up an election schedule, and conduct the elections. The Court also directed EFI to permit all eligible State/Union Territories Associations and 25% of the vote share to eminent sportspersons to cast their votes. Clubs/Units were allowed to vote only in states/UTs where State Associations were unavailable, with their votes proportionately divided. The Court clarified that its analysis and conclusions were prima facie and restricted to the decision of the applications, and did not reflect on the merits of the contentions in the writ petitions.
Fact of the Case:
The Equestrian Federation of India (EFI) sought directions from the Court to hold elections for its Executive and Selection Committees. The Court had previously appointed an Observer to oversee the functioning of EFI and submit a report. The Observer's report highlighted concerns regarding EFI's compliance with the National Sports Development Code of India, 2011 (Sports Code), particularly the composition of the Electoral College and the voting rights of individual members and units.
Finding of the Court:
The Court found that EFI had failed to comply with the Sports Code and bring its constitution in line with the Code's provisions. The Court also noted that the Ministry of Youth Affairs & Sports (Ministry) had granted exemptions to EFI from certain provisions of the Sports Code, but these exemptions were conditional and only temporary. The Court held that the exemptions could not be interpreted to dilute the provisions of the Sports Code or to confer voting rights on components that were not otherwise qualified to vote.
Issues: 1. Whether EFI had complied with the National Sports Development Code of India, 2011 (Sports Code) and brought its constitution in line with the Code's provisions? 2. Whether the Ministry of Youth Affairs & Sports (Ministry) had the authority to grant exemptions to EFI from certain provisions of the Sports Code? 3. Whether the exemptions granted to EFI could be interpreted to dilute the provisions of the Sports Code or to confer voting rights on components that were not otherwise qualified to vote?
Ratio Decidendi: 1. The Court held that EFI had failed to comply with the Sports Code and bring its constitution in line with the Code's provisions. 2. The Court held that the Ministry had the authority to grant exemptions to EFI from certain provisions of the Sports Code, but these exemptions were conditional and only temporary. 3. The Court held that the exemptions granted to EFI could not be interpreted to dilute the provisions of the Sports Code or to confer voting rights on components that were not otherwise qualified to vote.
Final Decision: The Court directed EFI to hold elections for its Executive and Selection Committees, considering the impending 19th Asian Games and the need for a democratically elected body. The Court appointed a retired judge as the Election Officer/Returning Officer to determine the Electoral College, draw up an election schedule, and conduct the elections. The Court also directed EFI to permit all eligible State/Union Territories Associations and 25% of the vote share to eminent sportspersons to cast their votes. Clubs/Units were allowed to vote only in states/UTs where State Associations were unavailable, with their votes proportionately divided. The Court clarified that its analysis and conclusions were prima facie and restricted to the decision of the applications, and did not reflect on the merits of the contentions in the writ petitions.
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
1. With the consent of the parties, this court is confining itself to the adjudication of the disputes only to the extent of relief as sought in the prayers of the applications, filed before this court, for the purposes of elections to the various posts of the office bearers of the EFI.
2. For the sake of brevity considering the different roles and nomenclature assumed by the contesting parties and the same may be read in its entirety for reference, the following table is generated for convenience:
| TERMS | ABBREVIATIONS |
| RAJASTHAN EQUESTRIAN FEDERATION | REF |
| EQUESTRIAN FEDERATION OF INDIA | EFI |
| UNION OF INDIA THROUGH MINISTRY OF YOUTH AND SPORTS AFFAIRS | Ministry |
| INDIAN OLYMPIC ASSOCIATION | IOA |
| SPORTS AUTHORITY OF INDIA | SAI |
| NATIONAL SPORTS DEVELOPMENT CODE OF INDIA, 2011 | NSDCI/"SPORTS CODE" |
| STATUTES OF EQUESTRIAN FEDERATION OF INDIA | EFI STATUTES |
| NATIONAL SPORTS FEDERATION | NSF |
3. This court is also conscious of the fact that such immediate and specific consideration to the dispute is necessary in the present circumstances, in that, the selection of probables to represent India in the Olympic Discipline in the upcoming 19th Asian Games to be held between 23.09.2023 to 08.10.2023 in Hangzhou, China, is at the doorstep. A functioning Executive Committee of EFI, being an NSF, is necessary to formulate a Selection Committee for the same, which can only be formulated after the successful emergence of the governing body of EFI, duly elected by electoral college, endorsed in accordance with the Sports Code.
4. Thus, through the present set of applications, the EFI, is seeking:
"Prayer in CM. APPL.-33330-2022 in W.P.(C)-10342-2019
(i) Pass appropriate Order/direction permitting the Applicant/Respondent No. 1 to hold its elections for the Executive and Selection Committees;
Prayer in CM. APPL.-54682-2022 in W.P.(C)-10342-2019
Pass appropriate Orders for disposal of CM No. 33330 of 2022 in terms of the prayer made therein and direct the conduct of elections to the Executive and Selection Committee of the Applicant/Respondent No. 1 without prejudice to the rights and contentions of the parties;
Prayer in CM. APPL.-54683-2022 in W.P.(C)-5989-2022
(i) Direct the conduct of elections to the Executive and Selection Committee of the Applicant/Respondent No. 2 without prejudice to the rights and contentions of the parties;"
5. By the order dated 10.11.2022, this Court has already formulated brief factual background for the present entire batch of petitions filed before this court, which is extracted hereunder:
2. From the record, it transpires that post the formulation of the National Sports Development Code of India ["Sports Code"], the Union Government has been continually calling upon EFI to transition and ensure compliance with the provisions made in the Sports Code. The constitution of EFI has admittedly and till date not been brought in line with the various provisions of the Sports Code.
3. W.P.(C) 10342/2019 had been preferred seeking directions for EFI undertaking that transitional process. The records of the aforesaid writ petition further bears out that by an order of 26 September 2019, the Court had permitted the holding of elections for constituting the governing body of EFI subject to the results thereof not being declared without the approval of the Court. EFI is stated to have consequently held elections on 29 September 2019. On 15 November 2019, a further order was passed permitting the declaration of the results of the elections. It was however provided that the declaration of results would not create any rights or interests in favour of any person elected in that process and that their continuance as members of the governing body would be subject to the result of the writ petition. By the said order, the Court had also appointed Dr. S. Y. Quraishi as an Observer to oversee the functioning of EFI with a further rider being placed that it would be open to the Observer
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