LI Network
Published on: November 28, 2023 at 18:43 IST
The Supreme Court has nullified the stay imposed by the Punjab and Haryana High Court on the elections to the Executive Council of the Wrestling Federation of India (WFI).
The Supreme Court expressed strong reservations about the High Court’s interim order, emphasizing its unequivocal stance that elections should never be stayed.
“We fail to understand how the entire process of the election could have been set at naught by the High Court. The proper course would have been to allow the election to be conducted and make the election subject to the outcome of the pending writ petition. Accordingly, the impugned order granting interim relief is set aside,” remarked the Court.
With this decision, the path is now clear for the Wrestling Federation of India to proceed with its Executive Council elections. The Court underscored that the election’s outcome would be contingent on any subsequent orders passed in the pending writ petition before the Punjab and Haryana High Court.
The Court directed, “It’ll be open for the Returning Officer to proceed with the election by publishing a revised election program. We make it clear that the outcome of the election will be subject to orders that may be passed in the writ petition. We’ve made no adjudication on the merits of the controversy involved in the writ petition. The appeal is allowed in the above terms.”
The Supreme Court bench, comprising Justices Abhay S. Oka and Pankaj Mithal, heard a Special Leave Petition (SLP) filed by the Ad-Hoc Committee, WFI, challenging the Punjab and Haryana High Court’s interim order that had stayed the election of the Wrestling Federation of India.
The Ad-Hoc Committee (petitioner), WFI, oversees the day-to-day affairs of the WFI due to the expiration of its Executive Council term and various controversies involving WFI officials.
In this case, the Returning Officer notified the elections and their schedule on June 13, 2023, with the actual polling set for July 6, 2023. However, facing challenges in determining the genuine state association affiliated with the WFI from several states, the Returning Officer sought additional time.
Meanwhile, the Assam Wrestling Association approached the Guwahati High Court, securing an ex-parte order to halt the elections. The Supreme Court, on July 18, 2023, granted a stay on the Guwahati High Court’s order dated June 25, 2023.
Subsequently, the Returning Officer rescheduled the elections for the Executive Committee to August 12, 2023. Then, on July 25, 2023, the Returning Officer passed a detailed order regarding the formation of the Electoral College in Haryana State. The Haryana Wrestling Association (Respondent No.1) moved the Punjab and Haryana High Court, which issued an interim order staying the Returning Officer’s decision from May 25, 2023.
Displeased with this order, which stayed the Executive Council elections just one day before their scheduled date on August 12, 2023, the petitioner filed an SLP before the Supreme Court.
During the hearing, Justice Oka questioned the necessity of staying the election, asking, “How could the election be stayed? Subsequently, it could be challenged. We’ve strong reservations about HC passing an interim order and staying the elections?”
The counsel representing the Haryana Wrestling Association raised allegations of a forged letter, challenging the legitimacy of the affiliation of respondent 5 (Haryana Amateur Wrestling Federation). However, Justice Oka remained unconvinced, stating, “Where is the question of staying the election?”
The counsel submitted, “Now the Haryana association has said that there was a forged letter. Before issuing a fresh election schedule, that objection may be considered deciding on merits…”
Justice Oka responded, “We’ll not pass any observations. The moment we make an observation, it will lead to more petitions.”
On a lighter note, he concluded, “We don’t want to pass any observations here because we’re afraid of the wrestlers.”
Case title: Ad Hoc Committee Wrestling Federation Of India v Haryana Wrestling Association And Ors