High Court refuses stay order on election observer

By Praveen Kumar in New Delhi

THE division bench of Delhi High Court on Friday refused to grant interim relief to the Ministry of Youth Affairs and Sports on its application, seeking a restraining order against GS Mander, vice- president of Indian Olympic Association ( IOA), from acting as a returning officer for the election of Hockey India scheduled for February 7. Through its application, the ministry had also demanded a direction seeking appointment of independent observers in all the elections held by national sports bodies.

The division bench of Justice Badar Durrez Ahmed and Justice Siddharth Mridul asked the ministry to present the bylaws framed for conducting elections in all the sporting bodies across the country by January 25. The bench also issued notice to the IOA on an application filed by the ministry of youth affairs and sports seeking appointment of retired Justice CK Mahajan as the returning officer for the upcoming hockey elections.

“ How can we pass an order? The government should look into it. It is the supreme body under which all the sports associations function. Let them file their reply,” said the bench.

Representing the government, additional solicitor general AS Chandouke said that further delay in the appointment of an independent observer may have an adverse impact on the election. “ Why don’t you take a practical note of this? Why are you not formulating by- laws if the government has the power?” asked the bench while refusing to pass an order in government’s favour. “ Let the election process begin and if any irregularity is found during the pendency of the application, the court is there to look after it.” The ministry filed an application following a Public Interest Litigation ( PIL) filed on Wednesday by lawyer Rahul Mehra who sought implementation of Comprehensive National Sports Policy 2007 and making it mandatory and binding on all the sports associations recognised by government of India across the country. The PIL also sought establishment of a sports regulatory authority to resolve all complaints regarding financial irregularity, mismanagement in functioning, biased selection process, redressal of player’s grievance, undemocratic or unethical electoral practices against the respective sports associations.

In its application, the ministry sought appropriate directions from the court in order to streamline the functioning of various national sports federations which have been created to develop their respective discipline of sports. “ The ministry is facing an urgency in the appointment of returning officer as the elections are scheduled be held on February 7 and as schedule fixed according to the guidelines the composition of electoral college shall be completed by January 21”, said the application.

It informed the bench that Mander has been arbitrarily appointed as the returning officer by the ( then) president of Hockey India ( AK Mattoo).

It also presented a letter before the court written to the president of Hockey India requesting him to take immediate corrective measures and consider appointment of retired high court judge Justice CK Mahajan. In its guidelines, the ministry asked Hockey India to follow all the 10 clauses which included appointment of an independent returning officer and in no way he should be connected to Hockey India or IOA.