"Sport Is Suffering": Delhi High Court Appoints Court Commissioner For Conducting Elections To Executive Committee Of Taekwondo Federation Of India

The Delhi High Court has appointed a Court Commissioner-cum-Returning Officer for the purpose of conducting elections for the executive committee of the Taekwondo Federation of India.

Observing that the sport of Taekwondo was suffering and the genuine Taekwondo players were not getting the opportunity to represent the country, Justice Rekha Palli said:

"It would, therefore, be in the interest of the sport to direct holding of fresh elections to the executive committee of the Taekwondo Federation of India so as to enable the Union of India to take expeditious steps for recognizing a suitable federation as the National Sports Federation for the sport of Taekwondo."

The Court thus appointed retired Justice Sistani as the Court Commissioner-cum- Returning Officer for holding the elections to the executive committee, while adding that the elections will be held within a period of two months.

"It will be open for the learned Court Commissioner to appoint officials of the respondent nos.1, 2 or 4, as observers to oversee the elections if deemed necessary," the Court directed.

The following directions were issued:

- The learned Court Commissioner-cum-Returning Officer will for the present be paid a sum of Rs.5 lakh as honorarium besides secretarial expenses. Keeping in view the fact that as on date, there is no recognized National Sports Federation for the sport of Taekwondo which is receiving any grant from the respondent no.1, it is directed that this amount will be borne equally by the IOA and the respondent no.1. However, in case the task being entrusted to the learned Court Commissioner is not completed within a period of two months, it will be open for the parties to move an application to seek enhancement of the honorarium.

- The learned Court Commissioner will proceed on the basis of the Electoral College prepared by the Hon'ble Mr. Justice R.S.Sodhi (Retd.) on 04.05.2016, alongwith the amendments made in the Electoral College during the elections held in June, 2016 under the supervision of Hon'ble mr. Justice M.L. Mehta.

- It will, however, be open for the learned Court Commissioner- cum-Returning Officer to further amend the Electoral College upon an application by any party, including a person who is not before this Court. The decision of the learned Court Commissioner on this aspect will be treated as final.

The Court allowed the petition preferred by two players in the sport of Taekwondo, seeking a direction to the Ministry of Youth Affairs and Sports and Indian Olympic Association (IOA) to conduct elections for the Executive Committee of the Taekwondo Federation of India as per the electoral college prepared by the Justice R.S.Sodhi (Retd.) in May 2016, in compliance of High Court's order dated March 13, 2016.

"What emerges from the record is that on account of there being no National Sports Federation (NSF) for the sport of Taekwondo, it is the respondent no.6/Taekwondo India, an unregistered body which claims to be recognized by the World Taekwondo which has been mainly selecting players for the different international events in the sport of Taekwondo," the Court said.

At the outset, the Court was also of the view that it would be necessary to pass orders to ensure selection of the Indian team or players to represent the country in international Taekwondo events till such time, when a duly elected federation is appointed as the National Sports Federation.

"Once the elections of the Taekwondo Federation of India are held in accordance with this order, it is expected that the respondent no.1 will take expeditious steps to recognise a suitable federation as the National Sports Federation for the sport of Taekwondo," the Court added.

Case Title: ANISH DAS TALUKDAR (MINOR) THROUGH MS. SASMITA DAS TALUKDAR (LEGAL GARDINAN AND MOTHER) AND ANR v. UNION OF INDIA AND ORS.

Citation: 2022 LiveLaw (Del) 414

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