Yesterday, the Delhi High Court appointed Former Chief Election Commissioner of India SY Quraishi as an Administrator to supervise the affairs of the Archery Association of India (AAI) on a plea by Advocate Rahul Mehra..Standing Counsel for the Delhi Govt, Rahul Mehra, who was the petitioner in-person in the present case, had asked the court to appoint an Administrator/ Returning Officer for compliance of the Court’s own orders wherein it had directed the Union of India to ensure that the elections to the AAI are conducted in consonance with the constitution of the institution, the National Sports Code and in conformity of the various Court orders..Mehra, during the proceedings, had contended,.“The elections should be held as per the Constitution of the AAI and the stipulations of the National Sports Code, especially regarding age and tenure restrictions. Such a newly constituted body should immediately form a committee to ensure amendment of its Constitution within a stipulated time period in order to adopt principles of good governance and best international practices prescribed in the National Sports Code.”.The Division Bench of Justices S Ravindra Bhat and Nazmi Waziri observed,.“The orders of this Court in September and October 2012 had clearly directed that the affairs of the elections be held in accordance with the National Sports Code. This has been disregarded. The Archery Association of India itself was de-recognized by the Government of India on 07.12.2012. The tenure of the Executive Committee/group of people purporting to represent the AAI has expired. The Association is being run by the people who evidently do not have any authority since the elections were not held on time.”.While appointing Quraishi, who has also served as Secretary in the Ministry of Youth Affairs and Sports, as the Administrator, the Court observed,.“The Court also deems it appropriate that for the present, the affairs and elections of AAI be conducted by a person of public eminence with significant experience in sports affairs and administration and elections.”.SY Quraishi, should he chooses to accept the post of Administrator, would be required to discharge the following functions:.To resolve the issue of disaffiliation of such members/units of AAI as on 15.12.2016, within a month by giving them two weeks’ notice and if their membership can be regularized in terms of the ‘unamended’ Constitution, it shall be so regularized;The Electoral College of the AAI shall be prepared and elections shall be held in six weeks thereafter. This elected body shall carry out theamendments to the Constitution to bring it in conformity with the National Sports Code.Thereafter, a fresh round of elections, shall be carried out as per the amended Constitution and in terms of the National Sports Code, to ensurethat age and tenure restrictions and due representation of the sports persons are strictly complied with. The entire exercise shall be carried out within a period of 4 months.The AAI shall make available to the Administrator an appropriate office space and facilities for the discharge of the aforesaid directions and make available such staff and personnel as the Administrator may express the need for. Alternatively, the Administrator may appoint such personnel to assist him in the aforesaid matter and expenses towards the same shall be borne by the AAI.Till the elections are conducted and results declared in consonance of the National Sports Code and in compliance with the preceding directions, the AAI shall not make any new financial commitments except with the prior approval of the Administrator. Routine expenses of AAI too shall be defrayed, with the due prior approval of the Administrator..Read Judgment below..Image taken from here.
Yesterday, the Delhi High Court appointed Former Chief Election Commissioner of India SY Quraishi as an Administrator to supervise the affairs of the Archery Association of India (AAI) on a plea by Advocate Rahul Mehra..Standing Counsel for the Delhi Govt, Rahul Mehra, who was the petitioner in-person in the present case, had asked the court to appoint an Administrator/ Returning Officer for compliance of the Court’s own orders wherein it had directed the Union of India to ensure that the elections to the AAI are conducted in consonance with the constitution of the institution, the National Sports Code and in conformity of the various Court orders..Mehra, during the proceedings, had contended,.“The elections should be held as per the Constitution of the AAI and the stipulations of the National Sports Code, especially regarding age and tenure restrictions. Such a newly constituted body should immediately form a committee to ensure amendment of its Constitution within a stipulated time period in order to adopt principles of good governance and best international practices prescribed in the National Sports Code.”.The Division Bench of Justices S Ravindra Bhat and Nazmi Waziri observed,.“The orders of this Court in September and October 2012 had clearly directed that the affairs of the elections be held in accordance with the National Sports Code. This has been disregarded. The Archery Association of India itself was de-recognized by the Government of India on 07.12.2012. The tenure of the Executive Committee/group of people purporting to represent the AAI has expired. The Association is being run by the people who evidently do not have any authority since the elections were not held on time.”.While appointing Quraishi, who has also served as Secretary in the Ministry of Youth Affairs and Sports, as the Administrator, the Court observed,.“The Court also deems it appropriate that for the present, the affairs and elections of AAI be conducted by a person of public eminence with significant experience in sports affairs and administration and elections.”.SY Quraishi, should he chooses to accept the post of Administrator, would be required to discharge the following functions:.To resolve the issue of disaffiliation of such members/units of AAI as on 15.12.2016, within a month by giving them two weeks’ notice and if their membership can be regularized in terms of the ‘unamended’ Constitution, it shall be so regularized;The Electoral College of the AAI shall be prepared and elections shall be held in six weeks thereafter. This elected body shall carry out theamendments to the Constitution to bring it in conformity with the National Sports Code.Thereafter, a fresh round of elections, shall be carried out as per the amended Constitution and in terms of the National Sports Code, to ensurethat age and tenure restrictions and due representation of the sports persons are strictly complied with. The entire exercise shall be carried out within a period of 4 months.The AAI shall make available to the Administrator an appropriate office space and facilities for the discharge of the aforesaid directions and make available such staff and personnel as the Administrator may express the need for. Alternatively, the Administrator may appoint such personnel to assist him in the aforesaid matter and expenses towards the same shall be borne by the AAI.Till the elections are conducted and results declared in consonance of the National Sports Code and in compliance with the preceding directions, the AAI shall not make any new financial commitments except with the prior approval of the Administrator. Routine expenses of AAI too shall be defrayed, with the due prior approval of the Administrator..Read Judgment below..Image taken from here.