12 Aug 2023 8:08 AM GMT
The Punjab & Haryana High Court on Friday stayed the Wrestling Federation Of India (WFI) Election which was scheduled for August 12. The plea raising question over electoral college for the election was filed, wherein the right of Haryana Amateur Wrestling Association to cast vote is under challenge.“As the counsel for the respective parties contend that they have crucial right to cast...
The Punjab & Haryana High Court on Friday stayed the Wrestling Federation Of India (WFI) Election which was scheduled for August 12. The plea raising question over electoral college for the election was filed, wherein the right of Haryana Amateur Wrestling Association to cast vote is under challenge.
“As the counsel for the respective parties contend that they have crucial right to cast vote for the elections to the Executing Committee of the Wrestling Federation of India which is scheduled to be held tomorrow i.e. 12.08.2023, election of the Executive committee of Wrestling Federation of India is ordered to be stayed till the next date of hearing,” said Justice Vinod S. Bhardwaj.
The Court was hearing the petition filed by the Haryana Wrestling Association (HWA) challenging the July 25 order passed by the Returning Officer of the Wrestling Federation of India. In the order the objection raised by HWA for exclusion of the representatives nominated by Haryana Amateur Wrestling Association (HAWA) from the Electoral College of WFI for its upcoming Election of 2023 has been rejected. The Officer noted that HAWA is duly affiliated with the Haryana Olympic Association.
Referring to the above order passed by the Returning Officer wherein it has been averred that the respondent HAWA has placed reliance on a Certificate of the Haryana Olympic Association, the counsel for petitioner Advocate Ravinder Malik argued that the certificate has been verified by the treasurer.
The question of grant of membership to any sports body can only be decided by the General Body and it is not for the Treasurer to issue any such affiliation certification, added the counsel.
It is contended that for the purposes of being eligible to cast vote in the elections to the Wrestling Federation of India, the Sports Association is required to be affiliated with the State Olympic Association as Well. The HAWA, having not fulfilled the above criteria, is not competent to cast vote in the ongoing election process of Wrestling Federation of India, he submitted.
On August 07 hearing, the declaration was filed by the Haryana Olympic Association that Haryana Amateur Wrestling Association not affiliated to it, and the Court decided that, “prima facie not eligible to cast its vote in the elections of the Wrestling Federation of India to be held later in the year, as per the Constitution of the Wrestling Federation of India.”
The counsel for HAWA submitted that Haryana Olympic Association proposed an amendment wherein the membership of Haryana Olympic Association is open to State Sports Association affiliated to National Sports Federation.
Thereafter WFI submitted that in its General Council Meeting held in 2022, the name of the petitioner- Association was changed to “Haryana Amateur Wrestling Association” and was also approved by the General Council.
Argument of counsel for HAWA was also raised that a sports association, which is affiliated to National Federation, is eligible to seek membership of Haryana Olympic Association is concerned.
The Court observed that, “Since the Haryana Olympic Association has taken a specific stand that the respondent No.5 (HAWA) is not affiliated/recognized by the Haryana Olympic Association and as per the constitution of Wrestling Federation of India, for being eligible to cast vote for the Executive Committee, the State Sport Association must be recognized with State Olympic Association, which such requirement is not ex facie made out, reply by the Haryana Olympic Association would thus be crucial for the adjudication to determine as to whether the respondent No.5- Haryana Amateur Wrestling Association would step into the shoes of Haryana Wrestling Association or not.”
The matter is listed for August 28, for further consideration.
Case title: Haryana Wrestling Association v. UOI & Ors
Appearance: Ravinder Malik (Ravi), Advocate for the petitioner.
S.P. Jain, Addl. Solicitor General of India withSudhir Nar, Sr. Panel Counsel for respondent No.1- Union of India.
Amit Jhanji, Sr. Advocate with Mr. Shashank Shekhar Sharma and Mr. Sanchit Singla, Advocatesfor respondent No.2.
Namit Khurana, Advocate for respondent No.4.
Narender Singh, Advocate for respondent No.5
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