Delhi HC puts interim stay on IOA President's order removing Sudhanshu Mittal as Ethics Officer
Jun 12, 2020
New Delhi [India], June 12 : The Delhi High Court on Friday imposed an interim stay on an order issued by Indian Olympic Association (IOA) President Narender Dhruv Batra, which removed its Vice President Sudhanshu Mittal and others from the post of Ethics Officers.
Batra had, through an order dated May 19, dissolved the Ethics Commission formed in 2017 and removed all the members of the commission.
A bench of Justice C Harishankar imposed an interim stay on the order passed on May 19 and issued notices to all respondents seeking their response on the matter.
Mittal had recently approached the High Court challenging the decisions dated May 19 and May 25, relating to the removal of the members of the Ethics Commission and Arbitration Commission, by the IOA President.
The petition, filed by Mittal through advocates Ankur Chawla and Jayant Mohan, said that the orders are bad in law as the president has no power to either appoint or remove or reconstitute commissions under the memorandum and rules and regulations of the IOA.
The plea said that his powers are limited to the powers provided in Regulation 16 of Memorandum and Rules and Regulations, which only vests him with the power to recommend/propose for appointments and the same has to be ratified by the Executive Council and/or General Body of the association.
It said that the order dated May 19 regarding his removal passed by Batra is arbitrary and unreasonable passed without having any authority for the same.
Along with the petitioner (Sudhanshu Mittal), two other members of the Ethics Commission are prominent persons being retired High Court judges and Senior Civil Servant were also issued similar notices dated May 19, 2020, the plea said.
The said notices are arbitrary, illegal and liable to be set aside, it added.
Mittal, who had been appointed as Member of the Ethics Commission of the IOA has also been elected as the Vice President of the Association by the General Body.
"The Indian Olympic Association is the official organisation recognised by the International Olympic Association to be sole in charge of all Olympic matters in India as the National Olympic Committee for India and thus also represents India in International Olympic Committee," the plea said.
This comes amid a rift within the association as Mittal filed a complaint against Batra to the International Hockey Federation (FIH) accusing him of committing gross violations. On the other hand, Batra has claimed that Mittal was trying to malign his reputation ahead of the 2021 IOA elections.