Delhi High Court Issues Directions For Elections Of Equestrian Federation Of India, Appoints Justice Bharihoke As Returning Officer

The Delhi High Court on Tuesday issued a slew of directions for conducting elections to various posts of the office bearers to the Equestrian Federation of India and appointed former high court judge Ajit Bharihoke as the returning officer to determine the electoral college.

Justice Tushar Rao Gedela observed that the elections to the federation have to be held to ensure that a “democratically elected body” is in place and issued directions as a “one time measure” considering that the 19th Asian Games are to be held between September 23 to October 08.

The court directed EFI to permit all State and Union Territories Associations to cast their votes after fulfilling the requisite criteria and not to prevent them unduly from casting votes, subject to their eligibility to be decided by the Returning Officer.

“The EFI to permit 25% of the vote share of the electoral college to the Eminent Sports Persons to cast their votes in accordance with the Sports Code. No Institutions/Individuals would have any right to cast votes,” the court said.

Furthermore, the court also ordered that wherever any State or Union Territory Association is available, no Club or Unit would be permitted to cast votes.

“Wherever and in whichever State/UT, the State or UT Association is not available, all eligible Clubs/Units will cast one vote each which would be proportionately divided in Two Votes in all, by granting proportionate share to each Club/Unit and the greater percentage amongst those who vote, would be the deciding factor for the respective candidates,” it added.

The court further said that the measure is undertaken to ensure “equal participation” of the concerned stakeholders belonging to a State or Union Territory where State Associations are not available or are found to be ineligible by the Returning Officer.

The court requested Justice (retd.) Ajit Bharihoke to assume the responsibilities of the "Election Officer or Returning Officer at the earliest to ensure that the election process can be initiated without any further loss of time.

The court also directed the former judge to draw up a suitable election notice and schedule for the elections as soon as the electoral college is determined. The returning officer has been asked to conduct elections for Executive and Selection Committees of the federation.

The directions were passed while deciding a bunch of applications moved by EFI in various pending pleas seeking direction on the Union of India to hold elections for its Executive and Selection Committees. The petitions have been moved by Rajasthan Equestrian Association.

Perusing a 2017 letter of the EFI formulating a roadmap to fall in line with the Sports Code, the court noted that there were many aspects which were to be complied with by the federation to gain recognition of the Ministry of Youth and Sports Affairs as a National Sports Federation. However, it expressed displeasure over lack of steps taken by the federation to comply with the same. 

“On that count, it not only framed a roadmap but also undertook to comply with the provisions of the Sports Code within a particular period of time. Unfortunately, no steps in that regard have been urged to have been undertaken or completed till date,” the court said.

It further said that despite having failed to fall in line with the National Sports Code, the federation “changed its narrative” from 2019 onwards instead of fulfilling its obligations under the roadmap and sought to dilute the rigours of the Code by portraying itself as an “expensive, exclusive and club based sport” requiring a separate identification and different treatment.

Observing that casting of votes is a very valuable right conferred upon the stakeholders of any sport, the court said: “It was not without reasons that the Ministry after observing the situation of the Sports in the Country and the manner in which the sports persons were being mistreated and ignored by the loose Federations that it formulated the Sports Code 2011.”

It added: “It was purely with the reason to ensure that the Sport as well as the Sports persons are encouraged and get optimum exposure, both, within and outside the Country that it deemed it necessary to codify the Sports events and the sports persons. It was with that benevolent view that the Sports Code was formulated.”

While disposing of the applications, Justice Gedela clarified that the analysis is only “prima facie and restricted” to the decision of the applications and shall not tantamount to any expression on merits of the contentions with regards to the pending petitions.

Senior Advocate Rajiv Dutta and Advocates Ashish Kothari, Devang Gautam and Pratha Pant represented the petitioners Rajasthan Equestrian Association.

Senior Advocate R. Bala Subramaniam, CGSC Ajay Digpaul and Advocates Kamal Digpaul and Swati Kwatra appeared for Union of India.

Senior Advocate Jayant Mehta and Advocates Kirtiman Singh, Prateek Dhanda, Waize Ali Noor, Manmeet Kaur Sareen, Vidhi Jain and Madhav Jain represented EFI.

Title: RAJASTHAN EQUESTRIAN ASSOCIATION v. SPS TOMAR and other connected matters

Citation: 2023 LiveLaw (Del) 303

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