Delhi High Court Upholds Order Dissolving Ad-Hoc Committee To Manage Ski And Snowboard India's Affairs
The Delhi High Court on Monday upheld a Single Judge's decision quashing the Indian Olympic Association's (IOA) move to appoint an ad-hoc committee to manage the affairs of Ski and Snowboard India.
A Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia dismissed the appeal filed by the Indian Olympic Association, while modifying the impugned order on the aspect of payment of the Returning Officer's fee.
Vide the impugned order, the single judge had held that Ski and Snowboard India is an independent body registered as a society under the Karnataka Societies Registration Act, 1960, and that IOA did not have any jurisdiction or authority or power to replace the executive committee of the former by appointing an ad hoc committee to manage its affairs.
The single judge had held that ad hoc Committee stood dissolved with immediate effect.
In appeal, the Court affirmed that Ski and Snowboard India is an independent society registered under the Karnataka Societies Registration Act, 1960, and its internal affairs, including elections, must be governed by its own memorandum and by-laws.
The Bench ruled that even if Ski and Snowboard India is treated to be an affiliate of Indian Olympic Association, IOA's counsel could not show any provision of law which permits the Indian Olympic Association to appoint an ad hoc Committee to manage the affairs of its affiliate body.
“In this respect, we are of the opinion that since the respondent No.1 is an independent body whose affairs are to be governed by the provisions of its own memorandum of association, by-laws and rules and regulations, saddling the responsibility of bearing the expenses of conducting the elections on the appellant cannot be justified,” the Court said.
The Court upheld the impugned judgment passed to extent of observing that the ad hoc Committee stood dissolved with immediate effect and further directed for conducting the elections of Ski and Snowboard India.
However, it set aside the direction issued to the IOA for payment of the fee to the returning officer, while holding that the fee to shall be paid by Ski and Snowboard India.
Counsel for Appellant: Mr. Gopal Jain, Senior Advocate along with Ms. Aashita Khanna, Ms. Aanya Agarwal and Mr. Vidushpat Singhania, Advocates
Counsel for Respondents: Ms. Neha Singh, Advocate for Respondent No.1; Ms. Apurva Sachdev, Mr. Preyansh Gupta, Advocates
Title: PRESIDENT, INDIAN OLYMPIC ASSOCIATION & ANR v. SKI AND SNOWBOARD INDIA & ANR