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Election Observer’s latest letter

Election Observer’s latest letter

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To
Shri Injeti Srinivas,

Joint Secretary,

Ministry of Youth Affairs and Sports,

Shastri Bhawan,

New Delhi – 110051.

Subject:- Election of Hockey India, 2010 – Interim Report.

Sir,

As advised in your letter dated 13th July, 2010, I have been observing the election proceedings of Hockey India, 2010.

Accordingly, I met the Returning Officer for the elections [Shri Justice R.C. Chopra, (Retd.) of Delhi High Court] at about 12.15 p.m. on 17th July, 2010, when the process of filing of nominations was to conclude on that day. After the close of that process at 1.00 p.m., I was told by the Returning Officer that 30 nomination papers had been filed in all. Then, I furnished him with a copy of your Ministry’s letter dated 15th July, 2010, addressed to me in which the Ministry had desired that I should brief him (Returning Officer) about the conditional “No Objection” given to Hockey India for holding their elections subject to the implementation of the Ministry’s Policy Guidelines relating to age and tenure restrictions. A copy of the Government’s order dated 1st May, 2010, to the Presidents and Secretaries General of Indian Olympic Association and all recognized National Sports Federations restoring the limits on the duration of tenure of Office Bearers of the said Organizations was also annexed to that letter. I stated that as the conditional “No Objection” to Hockey India for conducting their elections has been given by MYAS subject to the fulfillment of those Policy Guidelines, it now becomes incumbent on Hockey India to duly observe and implement the said Policy Guidelines in the conduct of their current elections of Office Bearers. Subsequently, I wrote a formal letter also to the Returning Officer on the above lines on 19th July, 2010, a copy whereof was also endorsed to you, among others (copy enclosed).

The Returning Officer took up the scrutiny of nomination papers today (20th July, 2010) at 11.00 a.m., as scheduled at his office. I was also present during those scrutiny proceedings. First, he took up the scrutiny of nomination papers for the post of President, for which he had received nominations from two candidates, namely, Smt. Vidya Stokes and Shri Pargat Singh. Shri Pargat Singh was present in person, Smt. Stokes was not present and the Returning Officer was informed that she was on her way to Returning Officer’s Office, having been held up on account of heavy rains. The Returning Officer, on scrutiny, accepted the nomination of Shri Pargat Singh and adjourned the scrutiny of nomination paper of Smt. Vidya Stokes, and took up the scrutiny of nomination papers of other candidates. During such scrutiny, he only rejected the nomination of Shri K. Krishnamurty, for the post of Secretary General on the ground that he was not a member of the electoral college as per the list furnished to him by the Hockey India. After having dealt with the nomination papers of all other candidates, he resumed the scrutiny of nomination paper of Smt. Vidya Stokes. She had still not turned up, but was represented by Shri Narinder Batra and Shri Hitesh, Advocate and Ms. Trehan, Advocate. Shri Pargat Singh and his learned counsel Shri Arun Birbal objected to the nomination of Smt. Vidya Stokes on the ground that she was above the age of seventy and, accordingly, could not stand for election to the post of President, as per the Policy Guidelines of the Government. Shri Narinder Batra and Shri Hitesh, learned counsel for Smt. Stokes, admitted that Smt. Stokes was above the age of seventy, but countered the objection of Shri Pargat Singh and his counsel stating that the elections to the Hockey India were to be held in accordance with the Constitution and By-laws of Hockey India, which is a registered society under the Societies Registration Act and that there was no age limit for any office in the Hockey India as per its said Constitution and By-laws. They further submitted that the Policy Guidelines of the MYAS were only meant to be followed by those Sports Federations which were seeking financial aid and other facilities from the Government and that those Guidelines were not applicable to such Sports Federations as were not soliciting any such grant or facility. Both of them categorically made a statement before the Returning Officer that the Hockey India was not asking for any financial grant or facilities from the Government and, therefore, the Hockey India was not obliged to follow and implement the abovesaid Policy Guidelines of the Government. In this context, they also relied upon a statement made to that effect by Hockey India in an affidavit filed before the Delhi High Court in relation to a matter concerning their society. They also submitted that the Hockey India was prepared to face the consequences of not following the Government’s Policy Guidelines. Taking note of the above submissions of Shri Narinder Batra and Shri Hitesh, the Returning Officer accepted the nomination of Smt. Vidya Stokes, by passing a speaking order. With this, the scrutiny proceeding were concluded at about 01.25 p.m.

I made an oral request to the Returning Officer for the supply of a copy of his order accepting the nomination paper of Smt. Vidya Stokes. But he did not accept my request and stated that he would furnish a copy of that order only if demanded by a Court. Thereafter, on coming back to my office, I made a formal request to the Returning Officer to furnish me a copy of the said order, as it was not a secret document. In that letter, I also raised a question as to on the basis of which authority Shri Batra had made a statement that the Hockey India was not obliged to follow the Policy Guidelines of Minisry of Youth Affairs and Sports and was prepared to face consequences for not following those Guidelines for their current elections. A copy of the letter written by me to him and sent to him, as well as to you, both through e-mail and by a Special Messenger at about 2.00 pm. today, is again enclosed herewith for your kind perusal. I have not received any reply from the Returning Officer so far.

In view of the above, I would like to be advised whether I should continue to be an Observer for elections to the Hockey India, 2010.

s2h Team

bharaani

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