AkkShadha Srivastav
Published on: 17th August, 2022 at 16:21 IST
The Delhi High Court had latterly appointed a Committee of Administrators (CoA) to handle the affairs of the Indian Olympic Association (IOA) and carry out its day-to-day dictum till a new Executive Committee is duly elected.
The CoA will include quondam Supreme Court Judge, Justice Anil R Dave, whilom Chief Election Commissioner, Dr. SY Quresh, and former foreign secretary, Vikas Swarup. They will be further succoured by Olympic gold medallist, Abhinav Bindra, long-jumper, Anju Bobby George, and archer, Bombayla Devi Laishram.
A Division Bench of Justices Manmohan and Najmi Waziri directed the erstwhile Executive Committee of the IOA to hand over the charge of the association to the CoA, which would be tasked with the preparation and adoption of a new Constitution under the Sports Code, court rulings, and additional conduct of elections within 16 weeks.
It further instructed the Centre not to confer cognizance to the IOA or any of the NSF’s affiliated associations if they refuse to comply with the Sports Code as directed by the High Court.
In its words: “If the compliance is not done by the IOA, within the time specified hereinabove, its recognition by the Government shall stand suspended. The urgency for cooperation with the CoA and the onus for compliance with the Sports Code is upon the IOA.”
The Court observed that certain individuals have converted these bodies into their own baronies and, ergo, struck down motley problematic practices in the felicitous functioning of these institutions:
- There is no room for a “permanent” post in the NSF or the IOA and, therefore, the lifelong incumbency of a President or any such ones holding “permanent” offices were struck down as illegal.
- Differential voting rights cannot be permitted.
- A person against whom criminal charges have been framed should not be permitted to be a member either of the EC or the General Assembly.
- Tenure limits should be applied to all members of the Executive Committee and General Assembly of the IOA, and not only to its President, Secretary, and Treasurer.
- Persons seeking successive re-election to the same post must secure a two-thirds majority.
- The Executive Committee’s size should be reasonable and not unwieldy.
- There cannot be any restrictive or undemocratic clause apropos elections to any post.
- The IOA permits a person to hold office for 20 years without undergoing a cooling-off period, this must be rectified as per the law of the land, i.e., not more than three terms together with cooling-off period(s).
- The IOA must possess independent Ethics, Athletes, Election and Arbitration Commissions, and an Ombudsman, devoid of any control, direct or indirect.
- The appointment of 25 per cent of prominent sportspersons of outstanding merit with voting rights in the General Assembly and EC is mandatory.
- Only NSFs for Olympic disciplines should be members of the IOA with their apt voting rights.
- The Sports Code must be made applicable to the IOA and constituent NSFs.
