Delhi High Court - Orders
Col. Rajesh Pattu, Sjrp, Vsm, (Retd) vs Equestrian Federation Of India & Ors on 10 November, 2022
Author: Yashwant Varma
Bench: Yashwant Varma
$~12, 22 & 23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10783/2022 & CM APPL. 31338/2022(Interim Relief)
COL. RAJESH PATTU, SJRP, VSM, (RETD) ..... Petitioner
Through: Mr. Rajiv Dutta, Sr. Adv. with
Mr. Ashish Kothari, Mr.
Devang Gautam and Ms.
Gunjan Malhotra, Advs.
versus
EQUESTRIAN FEDERATION OF INDIA & ORS.
..... Respondents
Through: Mr. Jayant Mehta and Mr.
Sanjoy Ghose, Sr. Advs. with
Mr. Kirtiman Singh, Mr.
Prateek Dhanda and Ms.
Rudrakshi, Advs. for EFI.
Mr. Harish Vaidyanathan
Shankar, CGSC with Mr. Srish
Kumar, Mr. Sagar Mehlawat,
Mr. Alexander Mathai, Advs.
for UOI
22
+ W.P.(C) 10342/2019 & CM APPL. 33330/2022(Direction)
CM APPL. 36336/2022(Direction)
CM APPL. 42691/2022(Direction)
RAJASTHAN EQUESTRAIN ASSOCIATION ..... Petitioner
Through: Mr. RajivDutta, Sr. Adv. with
Mr. Ashish Kothari, Mr.
Devang Gautam and Ms.
Gunjan Malhotra, Advs.
versus
EQUESTRIAN FEDERATION OF INDIA AND ORS.
..... Respondents
Through: Mr. Jayant Mehta and Mr.
Sanjoy Ghose, Sr. Advs. with
Mr. Kirtiman Singh, Mr.
Prateek Dhanda and Ms.
Rudrakshi, Advs. for EFI.
Mr. Vineet Dhanda, CGSC with
Mr. Hussain Adil Taqvi, Ms.
Shruti Gupta and Ms. Tanisha
Srivastava, Advs. for UOI.
Signature Not Verified
Digitally Signed W.P.(C) 10783/2022 & connected matters Page 1 of 6
By:NEHA
Signing Date:14.11.2022
18:01:23
Ms. Sapna Chauhan, Adv. for
R-4.
Mr. R. A. Iyer, Adv.
Mr. Vinayak Bhandari, Adv. for
intervention applicant.
23
+ W.P.(C) 5989/2022 & CM APPL. 17986/2022(Interim Relief)
RAJASTHAN EQUESTRIAN ASSOCIATION ..... Petitioner
Through: Mr. Rajiv Dutta, Sr. Adv. with
Mr. Ashish Kothari, Mr.
Devang Gautam and Ms.
Gunjan Malhotra, Advs.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Ajay Digpaul, CGSC with
Mr. Kamal Digpaul, Ms. Swati
Kwatra and Ms. Parul Sareen,
Advs. for UOI.
Mr. Jayant Mehta and Mr.
Sanjoy Ghose, Sr. Advs. with
Mr. Kirtiman Singh, Mr.
Prateek Dhanda and Ms.
Rudrakshi, Advs. for EFI.
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
ORDER
% 10.11.2022
1. These three writ petitions seek to bring to the attention of the Court facts relating to the functioning of the Equestrian Federation of India ["EFI"] which has been duly recognised as the National Sports Federation in respect of equestrian sports by the Union Government.
2. From the record, it transpires that post the formulation of the National Sports Development Code of India ["Sports Code"], the Union Government has been continually calling upon EFI to transition and ensure compliance with the provisions made in the Sports Code. The constitution of EFI has admittedly and till date not been brought Signature Not Verified Digitally Signed W.P.(C) 10783/2022 & connected matters Page 2 of 6 By:NEHA Signing Date:14.11.2022 18:01:23 in line with the various provisions of the Sports Code.
3. W.P.(C) 10342/2019 had been preferred seeking directions for EFI undertaking that transitional process. The records of the aforesaid writ petition further bears out that by an order of 26 September 2019, the Court had permitted the holding of elections for constituting the governing body of EFI subject to the results thereof not being declared without the approval of the Court. EFI is stated to have consequently held elections on 29 September 2019. On 15 November 2019, a further order was passed permitting the declaration of the results of the elections. It was however provided that the declaration of results would not create any rights or interests in favour of any person elected in that process and that their continuance as members of the governing body would be subject to the result of the writ petition. By the said order, the Court had also appointed Dr. S. Y. Quraishi as an Observer to oversee the functioning of EFI with a further rider being placed that it would be open to the Observer to call upon EFI to seek the prior approval of this Court on any decision that he may disapprove of.
4. During the pendency of the present writ petition, the President and Vice-President (Admin) who were elected on 29 September 2019 are stated to have tendered their resignations. Subsequently, two individuals came to be appointed as temporary President and Vice- President (Admin) without holding any fresh elections. According to the petitioner, the aforesaid individuals were enrolled as members of EFI and shown as elected to the aforesaid offices merely by virtue of their rank and position in the Armed Forces. Taking cognisance of the aforesaid challenge, the Court by its order of 20 July 2020 had restrained the Interim-President and Vice-President (Admin) from acting as such. It is admitted before the Court that elections for Signature Not Verified Digitally Signed W.P.(C) 10783/2022 & connected matters Page 3 of 6 By:NEHA Signing Date:14.11.2022 18:01:23 constituting the governing body is imperative since the last elections were held almost 4 years ago and which is the maximum term of that body under the constitution.
5. It would be pertinent to note that clause 1.3 read with clause 3.9 of Annexure-II of the Sports Code stipulates that the membership of a National Sports Federation would be generally confined to the corresponding States / Union Territories and other special units affiliated to it. The purport of the aforesaid clauses appears to be that membership of a National States Sports Federation would be restricted to associations that may have been formed and duly recognised at the State / Union Territory level. Clauses 3.9 and 3.10 of Annexure-II of the Sports Code further prescribe that even if membership of a National Sports Federation is granted to individuals and clubs, the right to cast votes shall be reserved exclusively in favour of State and Union Territory associations who may be members of such a federation. The aforesaid position, according to the petitioner also stands duly reflected and reiterated in clauses 3, 4 and 10 of the Model Election Guidelines.
6. Contrary to the aforesaid prescriptions contained in the Sports Code, the petitioners urge that the EFI constitution confers voting rights on all member including individual members, clubs and other units. The petitioners would contend that contrary to the provisions made in the Sports Code, EFI has continued to induct various individuals, clubs and other units as members and thus effectively marginalizing State Associations.
7. The other grievance which is raised and voiced in these proceedings is with respect to the decision of the Union Government which had granted exemptions to EFI from various provisions of the Signature Not Verified Digitally Signed W.P.(C) 10783/2022 & connected matters Page 4 of 6 By:NEHA Signing Date:14.11.2022 18:01:23 Sports Code in exercise of powers conferred by clause 16 thereof. The exemption which the Union Government has granted relates to clauses 3.4 and 3.9 comprised in Annexure-II and Paragraphs 4(1), 4(2) and 4(4) of Annexure-XXXVII of the Sports Code. The aforesaid exemptions which have been granted form subject matter of challenge in W.P.(C) 5989/2022. It is contended that the aforesaid exemptions cannot possibly be viewed as being in the interest of the development of equestrian sports. On hearing submissions at the time of admission on that writ petition, the Court had noted that, prima facie, it would appear that the exemptions granted would not be referable to promotion of sports, sports persons or to remove difficulties in giving effect to the provisions of the Sports Code.
8. When this batch of writ petitions was taken up subsequently, directions were passed for the Observer to submit a further report with respect to the current state of affairs of the EFI. That report dated 17 August 2022 filed by the Observer records that despite sufficient time having elapsed, EFI has failed to amend its constitution and bring it in line with the Sports Code. The Observer has further opined that till such time as issues pertaining to the constitution of the general body are resolved, it would be inexpedient to hold elections.
9. Having noticed the submissions which were addressed on this batch today, the Court is of the considered opinion that the principal issues which arise for consideration are the amendments liable to be adopted to bring the constitution of the EFI in sync with the Sports Code, to rule on the rights of individual members and units and to review the general working of the EFI bearing in mind the various issues which have been flagged by the Observer in its report. However, the aforesaid issues would have to be answered only after Signature Not Verified Digitally Signed W.P.(C) 10783/2022 & connected matters Page 5 of 6 By:NEHA Signing Date:14.11.2022 18:01:23 the Court has had on occasion to rule on the validity of the exemptions which have been granted by the Union Government. This since if the Court were to come to the conclusion that the exemptions would not sustain, that decision would have a material bearing on the composition of the general body and an identification of those constituents who would be eligible and entitled to participate in the election process. It would also have a direct bearing on the amendments that are liable to be made to the constitution of the EFI.
10. The proposed course of action which would merit acceptance for the purposes of development of equestrian sports as we as the EFI would also have to be examined bearing in mind the decisions rendered by this Court in Rahul Mehra vs. Union of India and others, [2022 SCC OnLine Del 2438] as well as Aslam Sher Khan vs. Union of India and Others, [2022 SCC OnLine Del 1569].
11. On an overall consideration of the aforesaid issues, this Court is of the considered opinion that circumstances would merit W.P.(C) 5989/2022 being taken up for consideration and disposal at the outset before further directions with respect to the initiation of an election process or amendments to the constitution of EFI is considered. The Court consequently invites learned counsels for respective parties to address submissions firstly upon W.P.(C) 5989/2022.
12. Accordingly and with the consent or parties, let this batch be called again on 05.12.2022.
YASHWANT VARMA, J.
NOVEMBER 10, 2022 bh Signature Not Verified Digitally Signed W.P.(C) 10783/2022 & connected matters Page 6 of 6 By:NEHA Signing Date:14.11.2022 18:01:23