The court emphasized the necessity for prompt elections and adherence to compliance regulations, allowing the Returning Officer to address irregularities in district units prior to conducting DCBA elections.

JUDGMENT

Prathiba M. Singh, J. (Oral)--This hearing has been done through hybrid mode.

CM APPL. 29429/2021 & CM APPL. 29430/2021

2. The present application has been filed by Respondent No.4 seeking the following directions:

"a. Pass an order modifying the order dated 12.01.2021 r/w order dated 18.03.2021 passed by this Hon'ble Court in W.P (C) No. 11247 of 2020 granting extension of time to Hon'ble Returning Officer to report to this Hon'ble Court whether election can at all be conducted, and request by and on behalf of given the fraud and illegalities mentioned in his email dated 15.07.2021 after further probing/investigating the documents of the District Units;

b. Direct Respondent No.2 (Badminton Association of India) to reconsider the issue of grant of affiliation of the Petitioner Association in light of the email dated 15.07.2021 addressed by the Hon'ble Returning Officer and provisions of National Sports Code, 2011;

c. Pass an order directing Sh. A K Mittra (acting for Petitioner) to cooperate with the Applicant to clear outstanding dues of the Hon'ble Returning Officer;

d. Pass any order or further order (s) this Hon'ble Court may deem fit in and proper under the facts and circumstances of the case."

3. Mr. Rahman, ld. Counsel for Respondent No.4, submits that further to the order dated 12th January, 2021 which has been passed by this Court appointing Justice (Retd.) Brijesh Sethi as the ld. Returning Officer for the purpose of conducting the elections, and the subsequent orders which have given further directions, the ld. Returning Officer needs further time to conclude the conduct of the elections. The ld. Returning Officer has found various discrepancies in the various constituents i.e., district units of the Delhi Capital Badminton Association (hereinafter, "DCBA"), which are 11 in number. In fact, the same has been highlighted by the ld Returning Officer, in the various emails. Accordingly, he submits that the various discrepancies and irregularities in the district units of the DCBA would have to first be rectified before election is conducted for the DCBA. He has placed before the Court the two emails sent by the ld. Returning Officer.

4. Mr. Alok Bhachawat, ld. Counsel for Petitioner, submits that the discrepancies and irregularities in respect of six of the district units of the DCBA have already been rectified. However, in respect of five district units, the Petitioner is in the process of opening the bank accounts and making other compliances. He submits that the ld. Returning Officer is fully seized of the matter and both counsels have no objection if his mandate is enlarged, so as to enable the ld. Returning Officer to take steps towards curing the deficiencies in the district units.

5. Mr. Garg, ld. Counsel appearing for Respondent No.2/Badminton Association of India (hereinafter, "BAI") submits that due to the non-conduct of elections and the office bearers of the DCBA not being in position, the players' interest is severely jeopardized inasmuch as selection etc., are being interfered with by both the factions of the DCBA. Hence, he submits that there is an urgent need to get the Executive Committee to run the DCBA in place. The submission made by Mr. Garg, ld. Counsel are disputed by ld. counsels for the other parties.

6. Be that as it may, considering the overall nature of this matter, the ultimate aim is to ensure that the DCBA election is conducted smoothly with all the constituents of the DCBA having been given an opportunity to participate in the said elections. The DCBA has 11 district units and it is also a body which was constituted post the merger of two associations as is clearly explained in the prior orders of this Court. Accordingly, further t