IN THE HIGH COURT OF DELHI AT NEW DELHI
Devendra Kumar Upadhyaya, CJ., TUSHAR RAO GEDELA, J.
Arvind Kumar Sinha - Petitioner
versus
Dharmendra Kumar - Respondent
CONT. CAS (C) 408 of 2025 & CM APPL. 15979 of 2025 And W.P.(C) 13894 of 2024, CM APPL. 58162 of 2024 & CM APPL. 1039 of 2025
Decided on : 28-03-2024
ORDER :
1. This Court on 03.10.2024 passed the following order:-
“1. Present writ petition has been filed seeking a direction to respondent nos. 1 & 2 to suspend and withdraw the recognition of respondent no. 3/All India Chess Federation (AICF) as the recognized National Sports Federation for Chess and withdraw the benefits available to it as a National Sports Federation.
2. Learned counsel for the petitioner states that respondent no. 3/AICF has failed to comply with the National Sports Development Code, 2011 (“sports code”) by allowing respondent no. 5/ Dharmendra Kumar to contest and get elected as Treasurer of the AICF. He states that respondent no. 5 has continuously served as Vice-President of All Bihar Chess Association (ABCA) from the year 2014 to 2018, as General Secretary of ABCA from the year 2018 to 2022 and currently as Secretary of ABCA from 2022 to 2026 without any cooling off period of two years in terms of the sports code and in terms of the judgment of this Court in Rahul Mehra v. Union of India & Ors., W.P. (C) 195/2010.
3. Per contra, learned counsel for the respondent No. 4 states that respondent No.5 has not served as Vice President of ABCA between 2014 and 2018. Let an affidavit to the said effect be filed by respondent Nos. 4 and 5 within four weeks. Rejoinder affidavit, if any, be filed before the next date of hearing. List on 13th February, 2025.”
2. The reason why the Court required the respondent no. 4 and 5 to file the affidavit is self evident from the perusal of the said order itself.
3. The affidavit as required by the Court by means of the order dated 03.10.2024 has yet not been filed, that too even when for a period of more than six months has elapsed.
4. We do not appreciate non-compliance of order dated 03.10.2024 by the respondent nos. 4 and 5.
5. As prayed, ten days time is granted to respondent no. 4 as also to respondent no.5 to file the affidavit in terms of the order dated 03.10.2024 after serving a copy to learned counsel for the petitioner as also learned counsel representing the UOI and the All India Chess Federation of India.
6. List on 07.05.2025 to be placed high on board.
7. We also direct the learned counsel representing all the respondents to complete their instructions.
Compliance with the National Sports Development Code is mandatory for National Sports Federations, and failure to adhere to court orders will not be tolerated.
Strict adherence to the National Sports Code is essential for accessing benefits, and no further exemptions should be granted to non-compliant NSFs.
The court held that compliance with the National Sports Development Code is mandatory for recognition of sports associations, validating the disaffiliation due to violations in governance and elector....
Disaffiliation by a national federation does not automatically mandate a state sports council to withdraw recognition under state law; such decisions require appropriate legal proceedings.
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