New Delhi, Sep 24 (PTI) The Delhi High Court on Tuesday sought the stand of the All India Tennis Association (AITA) on a petition against holding of its election later this month allegedly in violation of the Sports Code.
Justice Purushaindra Kumar Kaurav issued notice to the sports body as well as the Centre on a petition by former India tennis player Somdev Devvarman and doubles player Purav Raja, and said the election will be subject to the outcome of the plea.
While refusing to stay the election at this stage, the judge also directed that the result of the polls, which are scheduled to be held on September 28, must not be published.
Senior advocate Rahul Mehra, appearing for the petitioners, argued that AITA was conducting the election in a “clandestine manner” as there was “nothing on the website.” Seeking a stay on the election, the senior lawyer submitted that the conduct of the AITA was in flagrant violation of the Sports Code as well as the decisions passed by the high court.
The court asked the petitioners, also represented by advocate Arunadhri Iyer, to make the Returning Officer of the election a party to the proceedings and asked the respondent parties to file their replies.
It said if the election is subsequently found to be in violation of the Code, the elected office bearers will not be allowed to function and an independent entity may be appointed in their place.
“I am not staying. Election requires a lot of preparation. If the election process is conducted in defiance of the subsisting directions, the office bearers will be restrained from functioning. Then we will consider appointing someone as the ad hoc (body)…That election will be set aside,” the court said.
“In the meantime, the election of respondent no 2 will be subject to the outcome of the instant writ petition.. The result of the election shall not be published,” the court ordered.
Following the hearing, AITA’s lawyer Ashish Prasad told PTI that the sports body was complying with the Sports Code.
“There is no scope for or intent to non-compliance of the sports code. We will see if people have overstayed as per the criteria. I am sure they will use their wisdom to demit, if they have,” Prasad said.
“No administrator has been appointed and elections have also not been stalled. He (the judge) wanted to hear AITA and we will draft a reply. AITA can’t be put to a standstill position,” he said.
In the petition, Devvarman and Raja said AITA is a “serial offender” with respect to non-compliance with the Sports Code and the Sports Ministry has “turned a blind eye” to it.
The petitioners contended there are 18 patent violations, the most significant of which are the lack of seats for athletes in the Central Council/General Assembly of the AITA, lack of any mechanism for athletes to elect eminent sportspersons of ‘outstanding merit’ to represent them in the Central Council/General Assembly, and lack of reservation of seats for athletes in the Executive Committee.
Lack of any mechanism to elect athletes from the Central Council/General Assembly to the Executive committee is also one of the major violation, the petition, filed through lawyers Jhanvi Dubey and Vaibhav Gulia, said.
The matter will be heard next on October 14. PTI ADS ADS VN VN
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