Delhi HC stays Volleyball Federation's election process over non-compliance of National Sports Code

New Delhi [India], February 19 : The Delhi High Court has stayed the election process of the Volleyball Federation of India (VFI) over non-compliance of the National Sports Code.
The High Court has also sought a roadmap from VFI and other respondents as to how they will comply with the Sports Code.
Arjun Awardee Amit Singh has approached the High Court seeking a stay on the election process of VFI.
Justice Sachin Datta stayed the election process of VFI till the next date of hearing. The High Court has also sought a response from the respondent. The next date of hearing is March 21, 2024.
"As such, despite this Court being circumspect about interfering with the election process once it has already commenced and reached an advanced stage, in the peculiar facts and circumstances of the present case, the election process pursuant to a notice dated January 19, 2024, is stayed, till the next date of hearing," the HC observed.
"It is difficult for this Court to disregard the non-compliance of the Sports Code and the mandatory requirements/directions set out in the judgment dated August 16, 2022," the court remarked.
The bench noted that respondents have also not been able to give a clear road map as to how and in what manner the concerned National Sports Federation (NSF) i.e. VFI, and its affiliated units, fall in compliance with the mandatory requirements/directions set out in the judgment dated August 16, 2022.
"Such disregard of the judgment dated August 16, 2022, cannot be countenanced," the High Court remarked.
The High Court also sought a response from VFI and other respondents within two weeks.
The High Court directed the respondents to file a reply, which must indicate the road map for making the concerned NSF/VFI compliant with the mandatory directions/requirements set out in the judgment dated August 16, 2022, and/or the Sports Code.
"Let the same be filed within two weeks from today. Rejoinder thereto, if any, be filed within a period of one week thereafter," the high court ordered on February 16, 2024.
While passing the order the High Court also noted that it was recorded in the order of 14.02.2024, the primary grievance of the petitioner is that the affairs of the VFI are being conducted in utter and patent violation of the directions contained in the judgment dated 16.08.2022 passed in Rahul Mehra Versus Union of India case.
Senior Advocate Rahul Mehra and Advocate Hemant Phalpher appeared for the petitioner and drew attention to important aspects of the inclusion of sportspersons of outstanding merit with voting rights in the general body and/or executive committee of NSFs.
Secondly, the mandatory requirement/s to make the directions contained in the judgment dated August 16, 2022, and the National Sports Development Code of India, 2011 applicable to all associations affiliated to NSF i.e. the state associations and the district associations.
On August 16, 2022, a Division Bench of Delhi High Court prescribed certain mandatory compliances and issued directions to be complied with by all the National Sports Federations ("NSFs") for good governance and transparency in sports federations.
The Sports Code mandates a minimum of 25 per cent of sportspersons with voting rights both in the management of an NSF (EC) as well as in the total number of members representing the Federation (GB).
It said that the 25 per cent is only an indicative figure. It sets the bare minimum that must be ensured. There is no bar to this number increasing.
It also said that the inclusion of eminent sports persons in the General Body and in the EC would augment the objectives of the Sports Code.
The sports code says that Keeping in mind the minimum requirement and the need to have more eminent players who have represented the country, it is desirable that the number of sportspersons with voting rights in the General Body should be equal to at least the NSFs representing Olympic sports.
This category shall have an equal number of women and men. If need be, on a rotational basis for each successive tenure, the code says.
They also noted that the charter/constitution of the VFI is itself non-compliant with the Sports Code and/or the judgment dated August 16, 2022, since there is no provision/mechanism for the inclusion of sports person/s in the general body or the executive committee.
Central Government Standing counsel Anil Soni stated that the VFI is not compliant with the mandatory stipulations laid down in the judgment dated August 16, 2022.
He also referred to an order dated May 13, 2023, issued by the Department of Sports, Ministry of Youth Affairs and Sports, Government of India, whereby, in view of the fact that the existing constitution of the VFI was not fully compliant with the provisions of the Sports Code, an ad-hoc committee was appointed to take charge of the affairs of the VFI.
It transpires that prior to the issuance of the election notification dated January 19, 2024, no steps have been taken to ensure that the general body of the VFI (which is the electoral college for electing the EC) comprises persons who are nominated by such state associations, which are themselves compliant with the requirements imposed vide judgment dated August 16, 2022.
"Although this court is loath to interfere with the elections once the election process has started, it cannot be lost sight of the fact that the electoral college for the purpose of the ongoing election process is not in accord with what is contemplated in the judgment dated August 16, 2022. This is besides the fact that the constitution of VFI itself is inconsistent with the mandatory directions contained in the judgment dated August 16, 2022," the HC said.