Delhi High Court - Orders
S.P. Singh Dhillon vs Delhi Capital Badminton Association & ... on 26 September, 2023
Author: Yashwant Varma
Bench: Yashwant Varma, Dharmesh Sharma
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ LPA 329/2021 and CM APPL. 32033/2021 (Interim Relief)
S.P. SINGH DHILLON ..... Appellant
Through: Mr. N. Hariharan, Sr. Adv. with
Mr. Shri Singh, Mr. Talha
Abdul Rahman, Ms. Aakanksha
Singh, Mr. Siddharth Yadav,
Mr. M. Shaz Khan, Ms. Gayatri
Dahiya, Mr. Adnan Yusuf and
Mr. Gurfateh Singh Khosa,
Advs.
versus
DELHI CAPITAL BADMINTON ASSOCIATION & ORS.
..... Respondents
Through: Mr. Rahul Mehra, Sr. Advocate
with Mr. Alok Bhachawat, Mr.
R.A. Iyer, Ms. Saloni Jagga,
Mr. Chaitanya Gosain and Mr.
Anand Thumbayil, Advs. for R-
1.
Mr. Rosemary Rauv, Adv. for
R-1.
Mr. Aastik Dhingra and Mr.
Anshul Malik, Advs. for R-2.
Mr. Anil Soni, CGSC along
with Mr. Devvrat Yadav, Adv.
for UOI.
Mr. Rishikesh Kumar, ASC,
GNCTD along with Mr. Sumit
Choudhary, Mr. Sudhir and Ms.
Sheenu Priya, Advs. for R-4.
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
HON'BLE MR. JUSTICE DHARMESH SHARMA
ORDER
% 26.09.2023
1. We had an occasion to broadly notice the issues which arise in the instant appeal while hearing the matter on 09 August 2023.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/09/2023 at 00:09:19 Briefly stated, we found that despite the appointment of a Returning Officer1 in terms of the principal order dated 12 January 2021 which is impugned in the appeal and which authority had been tasked with the work relating to the drawing up of the electoral college and for conduct of elections, no concrete steps had been taken. That primarily since in terms of the interim order dated 17 September 2021 passed in the instant appeal, the election process itself had been placed in abeyance.
2. When we reviewed the matter on 19 May 2023, we further found that there was a serious dispute as to whether the constitution of the Delhi Capital Badminton Association2 is compliant with the National Sports Code3 and the various directions as framed by the Division Bench in Rahul Mehra vs. Union of India and Others4. It was in the aforesaid context that we had called upon the RO to submit a report apprising us whether the constitution of DCBA is now compliant with the Code. We, however, find from the record that the RO while conducting a meeting on 13 September 2023 has expressed his inability to proceed further due to personal reasons. We, consequently, accept the request of the RO and discharge Justice Brijesh Sethi, a former Judge of this Hon'ble Court from the aforesaid obligation. While doing so, we place on record our note of gratitude and appreciation of the efforts that were put in by Justice Sethi while attempting to streamline the affairs of the DCBA.
3. In terms of the earlier orders issued, we had also noticed that the reports submitted by the RO had failed to deal with the issue of the 1 RO 2 DCBA 3 Code 4 2022 SCC OnLine Del 2438 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/09/2023 at 00:09:19 constitution of the DCBA being complaint with the Code. We further note that in terms of the impugned order passed by the learned Single Judge, the remit of the RO itself stood confined to the drawl of the electoral college and for conducting elections. In light of the inter se dispute between parties, we find that the affairs of the DCBA have not been streamlined nor has the said organization been able to place its house in order.
4. From the rival submissions which were addressed before us, we further note that there exists a serious dispute with respect to the authority of various office bearers and the same having today descended to even instructions being withdrawn from counsel appearing for it. In order to avoid a further deterioration in the affairs of the DCBA and to safeguard the larger public interest underlying the sport as well as the sportspersons dependent upon it, we are constrained to observe that the circumstances clearly warrant the appointment of an Administrator.
5. We were apprised by Mr. Mehra, learned senior counsel that as things stand today, the DCBA constitution fails to be in accord with the Code and the directions issued by this Court in Rahul Mehra. By way of an exemplar, Mr. Mehra has placed for our consideration the following chart:-
S. Compliance required Present status of compliance No. As per DCBA As per ld. RO report Dt.
10.7.2023 As per judgement dated 16.8.2022 in WP(C) 195/2010 1 No supernumerary posts like Not compliant. No specific Life President Undertake to observation comply.
2 No differential voting rights Compliant No specific This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/09/2023 at 00:09:20 observation 3 Electoral college to be strictly Not compliant. No specific determined as per Sports Code Undertake to observation comply.
4 Only Districts to be voting Compliant No specific
members of DCBA observation
5 Age and tenure restrictions to Not compliant. No specific
be applied to all members of Undertake to observation
EC and GA comply.
6 EC's size should not exceed 12 Not compliant. No specific
Undertake to observation
comply.
7 There should be no restrictions Not compliant. No specific
regarding elections to any posts Undertake to observation
comply.
8 No person should hold office Not compliant. No specific
beyond three terms or 12 years Undertake to observation
comply.
9 Independent ethics, athletes, Not compliant. No specific
election, arbitration Undertake to observation
commissions and ombudsman comply.
must be set up
10 At least 25% prominent Not compliant. No specific
sportsperson with voting rights Undertake to observation
must be included in GA and comply.
EC
11 Persons against whom criminal No provision. No specific
charges are framed must not be Undertake to observation
permitted to be in GA or EC comply.
12 Persons seeking successive re- Compliant. No specific
election must secure at least observation
2/3rd majority
13 Sports Code must be made No provision. No specific
applicable to every constituent Undertake to observation
District Associations and other comply.
constituents Other major compliances as required by Sports Code 1 Must affiliate 50% of districts No provision. No specific Undertake to observation comply.
2 Must maintain registration and No provision. Issues with date of
insist on registration of District Undertake to regn. However,
Associations comply. compliant as on
date.
3 Measures must be taken to (i) No provision. No specific
combat age fraud, (ii) to Undertake to observation
prevent sexual harassment of comply.
women, and (iii) ensure anti-
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/09/2023 at 00:09:20 doping 4 Accounts must be audited by a No provision. No specific CAG empanelled CA once a Undertake to observation year comply.
5 Representation of women must No provision. No specific
be ensured Undertake to observation
comply.
6 Proxy voting to not be No provision. No specific
permitted Undertake to observation
comply.
7 Secret ballot must be No provision. No specific
compulsory Undertake to observation
comply.
8 Two votes per District Not compliant. No specific
Association Undertake to observation
comply.
9 Elections must be held once Compliant. No specific
every four years observation
10 Civil servants must obtain No provision. No specific
NOC, and serve a maximum of Undertake to observation
five years or two terms comply.
whichever is less
11 Office bearer/member should No provision. No specific
not hold office in more than Undertake to observation
one sports association comply.
12 Election strictly in terms of the No provision. No specific
Model Election Guidelines Undertake to observation
comply.
6. Although, the details as set forth in the chart above were neither seriously questioned nor assailed by learned counsel for the appellant, we desist from rendering any definitive findings with respect to the instances of non-compliance which have been alluded to by Mr. Mehra and deem it apposite to observe that the various issues which stand raised would merit consideration of the Administrator in the first instance.
7. We, accordingly, appoint Justice Pankaj Naqvi, a retired Judge of the Allahabad High Court to act as the Administrator of the DCBA. The contact details of Justice Naqvi are set out hereinbelow: -
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/09/2023 at 00:09:20 "Justice Pankaj Naqvi Mob No. 9415236770 E-mail: [email protected] Office Address: B-41, Sector 30, Noida - 201301"
8. The Administrator shall consequently be entitled to take over the day-to-day affairs and administration of the DCBA, subject to further orders being passed by this Court. All elected members, officers and employees of the DCBA are hereby directed to extend all cooperation to the Administrator appointed by this Court.
9. We request the Administrator to review the affairs of the DCBA and submit a detailed report identifying issues of priority and which would necessarily include a review of the constitution of the DCBA at the very outset and the amendments, if any, which are liable to be incorporated in order to bring it in line with the Code and the directions issued in Rahul Mehra.
10. The Administrator shall be entitled to draw a fee of Rs.2.50 lakhs per month along with incidental expenses which shall be borne by the DCBA. We request the Administrator to submit a preliminary report on or before the next date fixed.
11. We also accord liberty to the Administrator to approach this Court for such further directions as may be warranted from time to time.
12. Let the matter be called for review on 01.11.2023.
YASHWANT VARMA, J.
DHARMESH SHARMA, J.
SEPTEMBER 26, 2023 RW This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/09/2023 at 00:09:20