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2025 Supreme(Del) 90

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

Advocates Appeared:
For the Appellant :Mr. Saurabh Kirpal, Sr. Advocate with Mr. Chandan Malav and Ms. Adya Luthra, Advocates
For the Respondent:Mr. Devvrat Yadav, GP with Mr. Kush Garg, Advocate Mr. Sanjay Kumar Chadha, Advocate

Compliance with the National Sports Development Code is mandatory for National Sports Federations, and failure to adhere to court orders will not be tolerated.

Headnote:(A) National Sports Development Code, 2011 - Non-compliance with the sports code by All India Chess Federation (AICF) regarding election of Treasurer - Allegations of violation of cooling-off period by respondent no. 5 - Court required affidavits from respondents to clarify compliance with the sports code. (Paras 1-5)

(B) Compliance with Court Orders - Importance of adhering to court directives and timelines - Non-compliance noted and time granted for compliance. (Paras 4-5)

Facts of the case:
The petitioner seeks to suspend AICF's recognition due to alleged violations of the sports code by respondent no. 5, who has held multiple positions without the required cooling-off period.

Findings of Court:
The court expressed discontent over the non-compliance of its previous order and granted additional time for the required affidavits to be filed.

Issues: The main issues include the compliance of AICF with the sports code and the verification of respondent no. 5's tenure in ABCA.

Ratio Decidendi: The court emphasized the necessity of compliance with its orders and the sports code, indicating that failure to do so would not be tolerated.

Result: Time granted for compliance with the court's order.

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.

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