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IN THE HIGH COURT OF DELHI AT NEW DELHI
Devendra Kumar Upadhyaya, CJ., TUSHAR RAO GEDELA
Arvind Kumar Sinha – Appellant
Versus
Dharmendra Kumar – Respondent
Headnote: Read headnote
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.
Compliance with the National Sports Development Code is mandatory for National Sports Federations, and failure to adhere to court orders will not be tolerated.
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.
The election procedures of sports associations must strictly adhere to the National Sports Development Code, preserving electoral integrity and compliance with established tenure restrictions.
The court ruled that the applicant-Association failed to establish a prima facie case for interim relief, emphasizing adherence to governing norms and the balance of convenience.
The court emphasized the importance of approaching the proper forum in accordance with the law for grievances related to elections of the sports association.
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