SC to HI: Hold polls, but don’t implement result

R Sedhuraman/Legal Correspondent

The Supreme Court today allowed Hockey India, the country’s only association affiliated to the Federation of International Hockey (FIH), to hold elections for having a new executive body, but restrained it from implementing the results until the disposal of the cases pending with it and in Delhi and Bombay High Courts.

“We grant liberty to the petitioner to conduct its own elections, but the result of the same is not be implemented till the petitions are considered and decided by this court” and the HCs, a Bench comprising Justices Altamas Kabir and AK Patnaik ruled.

Hockey India had scheduled the elections for July 28 to meet the July 31 deadline set by the FIH, but these were stayed by the Bombay HC on a petition filed by a Maharashtra hockey unit and by the Delhi HC on a plea by the Indian Hockey Federation (IHF).

Acknowledging the need for deciding the disputes early in view of the coming Commonwealth Games and other international events, the SC directed the two HCs to hear and dispose of the cases “expeditiously”. The SC Bench would take up Hockey India’s petition for final disposal on August 19.

“Having regard to the participation of the Indian hockey teams, both men and women, in the international sports arena as well as in the forthcoming Commonwealth Games, this SLP and the other petitions in Bombay and Delhi High Courts may be heard and disposed of expeditiously,” the Bench said in its order, passed after senior counsel Mukul Rohtagi, appearing for HI, mentioned the matter seeking early hearing. The Bench also issued notice to IHF, the Centre and the Indian Olympic Association (IOA).

The IOA informed the court that it was taking a neutral stand in the matter. Nevertheless, its counsel Indu Malhotra said HI was the only body recognised by the FIH and unless the HI elections were held, India would be out of all international hockey tournaments.

The IHF said it had not sought a stay on the HI elections. However, HI had obtained affiliation from the FIH through misrepresentation of facts. HI had come into being on May 20, 2009 while the affiliation had been granted in 2008. Also, HI was not recognised by the Central government.

Rohtagi contended that there was an attempt to “jeopardise” HI’s affiliation with FIH and thereby its status as a national hockey body. Earlier, IHF had been de-affiliated by the FIH, he said.

Setting aside the operation of the HCs’ stay orders, the apex court clarified that it was also not ignoring the “wider ramifications of the entire matter”.