Sports Code Compliance: Delhi High Court Stays Executive Committee Elections Of Gymnastics Federation Of India

The Delhi High Court has stayed the election of the office bearers and members of executive committee of the Gymnastics Federation of India (GFI).

Justice Purushaindra Kumar Kaurav observed that the Federation was in non-compliance of the mandate of an order passed on August 16 last year wherein a division bench ordered that the Indian Olympic Association and National Sports Federation have to necessarily comply with the mandate stated under the National Sports Development Code of India, 2011.

While dealing with a plea moved by one Padmaja Garikipati, the court observed:

“Unless the respondents satisfy that they are in full compliance of the Sports Code and the directions dated 16.08.2022 in W.P.(C) 195/2010, they cannot be allowed to conduct any fresh election contrary to the said binding orders.”

The court said that unless the matter is fully heard, there was a serious doubt about compliance of the mandate of the Sports Code and the directions passed by the division bench.

“Accordingly, it is directed that there shall be a stay of the impugned notice dated 07.07.2022 regarding the election of the office bearers and members of the executive committee of respondent no. 2-GFI till the next date of hearing,” the court ordered while listing the matter for hearing on October 12.

It was the petitioner’s case that the poll and result of the elections will take place on September 29 and that if that is done, it would be in violation of the court’s directions.

Justice Kaurav noted that there was a dispute between the parties with respect to not only compliance of the division bench’s directions but also about applicability of those direction to the GFI.

“It is, thus, seen that in the instant writ petition, this court has to adjudicate whether all the directions passed by this court in W.P.(C) 195/2010 are applicable to respondent no.2-GFI. The second issue which requires to be adjudicated is whether the respondent no.2-GFI is at all in compliance with the mandate under the Sports Code in addition to the directions passed by the Division Bench in W.P.(C) 195/2010,” the court said.

Senior Advocate Rahul Mehra, with Advocates R. A. Iyer, Chaitanya Gosain and Mr. Anand Thumbayil appeared for the petitioners.

Senior Advocate Mr. R. Bala Subramanian, with CGSC Ajay Digpaul and Advocates Kamal Digpaul, Swati Kwatra, Vinayak Sharma and Ishita Pathak appeared for Union of India.

Advocates Hrishikesh Baruah, Pranit Pranav, Parth Goswami and Akshay Kumar appeared for Gymnastics Federation of India.

Case Title: PADMAJA GARIKIPATI v. UNION OF INDIA & ANR.

Citation: 2023 LiveLaw (Del) 906

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