Delhi High Court - Orders
Ravinder Dongre vs Union Of India & Ors on 2 June, 2022
Author: Najmi Waziri
Bench: Najmi Waziri
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ LPA 362/2022 & CM APPL. 25664/2022
RAVINDER DONGRE ..... Appellant
Through: Mr. Manish Kaushik and Mr. Ajit
Singh, Advocates.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr Chetan Sharma, ASG with Mr
Anil Soni, CGSC for UOI.
Mr. Manish Washisht, Sr. Adv. with
Mr. Sanjay K. Chadha, Adv. for R-2.
Mr Inderbir Singh Alag, Senior
Advocate for R-3.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
HON'BLE MR. JUSTICE VIKAS MAHAJAN
ORDER
% 02.06.2022 The hearing has been conducted through hybrid mode (physical and virtual hearing).
1. Pursuant to the previous directions dated 31.05.2022, the Ministry of Youth Affairs & Sports, Government of India has filed an affidavit to the effect that it will examine the matter and take an appropriate decision; its concern is that a prestigious Chess Olympiad is to be held in the country from 28.07.2022 to 10.08.2022 and the same be not affected because of any structural anomaly in the said NSF. The learned ASG says that another affidavit with better particulars would be filed. In the circumstances, the filed affidavit will not be taken on Signature Not Verified Digitally Signed By:KAMLESH KUMAR Signing Date:02.06.2022 21:13:38 record.
2. What needs to be examined is whether the Government of India's letter dated 22.09.1975, as modified by the letter of 01.05.2010 and followed by letter of 17.05.2010, as well as the Sports Code, would be applicable to R-3. Upon plain reading and examination of the same, it is clear that if a person is found to have been voted for the second consecutive term for the post of Secretary, without securing a majority of two thirds of the members of the NSF, then such person would have no right in law to occupy the said position. While over the years, the administrative contribution of an individual to a NSF may be immense and laudable, the continuance of such person as an Office Bearer in a NSF, contrary to the 1975 Circular/Letter will not be valid. Also the continued recognition and patronage of the Government to such NSF will not be legal. The regime for sports administration in India starts the 1975 Circular which reads inter alia as under:-
"...3.The Government of India have carefully considered the matter, in consultation with the All India Council of Sports, and have decided, in the interest of promotion of sports and games, that Government's financial and other assistance shall be extended only to those national organizations dealing with sports and games which fulfill the following conditions:-
(i) An office bearer of a National Federation/Association may hold office as such for one term of 4 years, and may be eligible for re-election for a like term or period.
(ii) No such office bearer shall hold office consecutively for more than two terms or 8 years.
Provided that in the event of election for the second term, an office bearer who has completed one term shall only Signature Not Verified Digitally Signed By:KAMLESH KUMAR Signing Date:02.06.2022 21:13:38 be deemed to have been elected if he/she secures a majority of not less than two third of the members of the national Federation/Association concerned. In the event of failure to obtain such majority, the concerned office bearer shall be deemed to have lost the election. The office would thereafter be filled by election under the normal procedure from amongst candidates other than the office bearer seeking re-election.
Explanation:1: For the purpose of this clause, the expression "office bearer" means:-
(a) the President,
(b) the Secretary/Secretary-General, or any corresponding
office,
(c) the Treasurer.
Provided that the provision of this clause shall not apply to the post of Treasurer if, under the constitution of National Federation/Association, the Treasurer does not possess the right to vote in any of its meeting, and his duties and responsibilities shall be confined only to the management of the finances of the Federation/Association; however, he shall not be eligible to seek election to the office of the President or Secretary/Secretary- General or Vice-President after having held the office of the Treasurer consecutively for eight years, till the expiry of a period of at least four years from the date on which he last vacated the office of the Treasurer.
Explanation 2 I. No person who has already held the office of the President or Secretary/Secretary General or both in a National Federation/Association consecutively for two terms or eight years shall be eligible to seek re-election to any of the said offices or Vice President or Treasurer till the expiry of a period of at least four years from the date on which he last vacated his office.
II. The National Federation/Association may, if they wish apply the provisions of clause 1 to the offices of Vice President, Treasurer (not being an office bearer) and members of important Organizations such as their executive committee, selection committee, etc. Signature Not Verified Digitally Signed By:KAMLESH KUMAR Signing Date:02.06.2022 21:13:38 III. No office bearer of a National Federation/Association shall be eligible to be the office bearer, simultaneously, of any other National Sports Federation/Association, excepting the Indian Olympic Association.
IV. That the annual accounts of the organization have been properly maintained and regularly audited and that the various business meetings as required under its constitution have been duly held.
V. That each national Sports Federation/Association, in its particular field of specialization, has been appointing or would appoint a National Coach who possess a valid coaching diploma. Prior approval of the All India Council of Sports would be necessary if the person already appointed or proposed to be appointed as National Coach does not possess requisite coaching qualifications. VI. That the National Sports Federations/Associations, in their respective fields of specialization, have been holding or would hold, where feasible, not less than two competitions annually for specified age groups at the Junior and Sub- junior levels; these competitions should be organized through Inter-Block and Inter-District competitions in each State, leading to the competition at the National level. VII. That the membership of the National Sports Federation/Association, within their particular fields of specification, is confined to the corresponding State and other special units affiliated to the National Sports Federations/Associations, and that where any of the National Sports Federations/Associations grants membership in individual clubs or individual persons, such membership does not confer on such members the right to vote in any of the Federations/Associations meeting..."
(emphasis supplied)
3. The learned Senior Advocate for R-3 says that the aforesaid Circular had been kept in abeyance in 2001. He refers to a letter dated 01.05.2010, in particular, clause 9 thereof. The same is reproduced Signature Not Verified Digitally Signed By:KAMLESH KUMAR Signing Date:02.06.2022 21:13:38 hereunder:
"...9. Accordingly, after taking into account the entire facts and circumstances of the case, and the views expressed by the Hon'ble Courts and Parliament, and the prevailing public opinion on the matter, and with a view to encouraging professional management, good governance, transparency, accountability, democratic elections, etc. in NSFs, including IOA, the competent authority after satisfying himself has set aside the orders keeping the tenure clause in abeyance with immediate effect subject to the following modifications in the existing tenure limit provisions referred to in letter dated 20th September, 1975 mentioned in para 1 above:
i. The President of any recognized National Sports Federation, including the Indian Olympic Association can hold the office for a maximum period of twelve years with or without break.
ii. The Secretary (or by whatever other designation such as Secretary General or General Secretary by which he is referred to) and the Treasurer of any recognized National Sports Federation, including the Indian Olympic Association, may serve a maximum of two successive terms of four years each after which a minimum cooling off period of four years will apply to seek fresh election to either post.
iii. The President, the Secretary and the Treasurer of any recognized National Sports Federation, including the Indian Olympic Association, shall cease to hold that post on attaining the age of 70 years.
iv. The other provisions in respect of the tenure limit as contained in the letter of 1975 mentioned above shall remain as it is.
v. The above dispensation will come into operation with immediate effect.
vi. The conditions (i) to (v) above will be subject to the proviso that it shall not disturb the current tenure of any member, provided he/she has been properly Signature Not Verified Digitally Signed By:KAMLESH KUMAR Signing Date:02.06.2022 21:13:38 elected to the post. In other words, the tenure condition will become operative for all future elections as they may be conducted in future in their normal course.
9. Compliance to the abovementioned directions shall be mandatory to receive government recognition and thereby to become eligible to receive financial as well as other forms of assistance from Government of India such as railway concession, income tax exemption, custom duty exemption, etc. and to derive the authority to perform the public functions of selecting and deputing the national teams for participation in recognized continental and world level international sports competitions which involve representation of member countries, and to present the country in international associations, events, meets, conferences, etc..."
4. The learned Senior Advocate further submits that while the President of a NSF can serve maximum of 12 years, with or without break, the office bearers including the Secretary/General Secretary of NSF, can serve a maximum of two successive terms of 4 years each, after a cooling-off period of four years i.e., one term and only thereafter could he/she contest fresh elections.
5. Referring to clause 9(vi), he submits that the tenure condition would become operative for all future elections.
6. The court is unable to see as to how paragraph 9(ii) and 9 (vi) in any way dilute the strict stipulation apropos the second successive election under the 1975 Circular. Indeed, clause 9(iv) clearly states that the other provisions in respect of the tenure limit as contained in the Circular/Letter of 1975, shall remain as it stated. R-3 was Secretary of the NSF from 2017 to 2020-2021. He was declared elected for the Signature Not Verified Digitally Signed By:KAMLESH KUMAR Signing Date:02.06.2022 21:13:38 second successive tenure in 2021 to the same position but without having secured the two-third majority, which, as noted above and in the previous order, should have been 44 votes out of the 64 votes, instead he received only 35 votes. The Proviso to para 3 of the 1975 Circular requires that for being elected as an Office Bearer for the second successive tenure, a majority of not less than two-third of the National Federation/Association concerned, is essential. In case of default, the candidate would be deemed to have lost the elections and the position would thereafter be filled by normal procedure from amongst candidates other than the Office Bearer seeking re-election. What is not permissible in law has been spelt out. No recognition can be granted to a person as an Office Bearer, who has not been elected in terms of the said Circular/Letter.
7. That being the position, the court is of the view that R-3 cannot be recognized as or continue as Secretary of R-2.
8. Insofar as R-3 has assisted the NSF (R-2), virtually at the helm of affairs for the past 17 years, his assistance and administrative contribution to the NSF and to the cause of Chess may be graciously acknowledged by R-2.
9. It is expected that all parties would cooperate with each other and facilitate the successful hosting of the Chess Olympiad.
10.At joint request, renotify on 22.08.2022.
NAJMI WAZIRI, J VIKAS MAHAJAN, J JUNE 02, 2022/rd Signature Not Verified Digitally Signed By:KAMLESH KUMAR Signing Date:02.06.2022 21:13:38