In a first, the Ministry of Youth Affairs and Sports has exempted a National Sports Federation from following two clauses of the National Sports Development Code of India 2011. A Delhi High Court order dated November 11 has revealed that the Ministry has exempted Equestrian Federation of India from complying with two clauses of the Code.
The High Court order makes it clear that on November 9, the Ministry allowed the relaxation of the provisions of the Code requiring EFI to have affiliated units in two-thirds of the States and Union Territories Besides, it also exempted EFI from not conferring voting rights in its meetings to special units (Sports Control Boards etc), individual clubs and individual persons.
A bit of background will be in order.
Ahead of the 2109 elections to some positions in the EFI Executive Committee, the Rajasthan Equestrian Association filed a writ before the Delhi High Court seeking a stay. Since the electoral process was already in motion, on September 26, 2019, Justice Navin Chawla did not stay the elections but ordered EFI to not declare the results without the Court’s approval.
With the Rajasthan Association praying that any further election should be held in compliance with the Code, EFI has not been able to hold any elections. In July 2020, EFI sought to circumvent the electoral process and nominate a new appointee as President and another as Vice-President (Administration) but Justice Chawla restrained Lt. Gen. SS Mishra and Lt. Gen. MKS Yadav from taking over those posts.
On August 13 this year, Justice Rekha Palli directed the Ministry, and other parties, to be ready on September 21 with instructions on why elections to the EFI Executive Committee ought not to be directed in order to bring an end to the impasse. It meant that the Ministry to had to make a decision before September 21.
That hearing was adjourned to October 21 as the Ministry’s counsel was indisposed. There was no time left for the Court that day to take the case up on October 21. And the case was listed for November 11. Curiously, it was on November 10, six weeks after the instructions were to be formalised, the Ministry granted exemption to EFI from Code compliance.
That brought an end to a series of directions – none of which was complied with by EFI – from 2013 when the Ministry has sought to bring EFI in line with the Sports Code. Over a number of years, EFI claimed that it was taking steps towards total Code compliance but it was always clear that it had no intention of letting State Associations run the sport.
Last week, the Ministry deputised the Additional Solicitor General Chetan Sharma to represent its case in the Delhi High Court and argue for EFI elections to be allowed after taking into account the exemptions granted a day earlier. There was an attempt to convince the Court that now that all impediments had been removed, EFI should be allowed to hold its elections.
However, Rajasthan Equestrian Association’s counsel Rajiv Datta pointed out that the Ministry’s order exempting EFI from Code compliance had been received only a day earlier and the petitioner needed time to make its submissions. The Indian Olympic Association counsel Sapna Chauhan pointed out that IOA was not in receipt of the Ministry’s order.
The delay by the Ministry in utilising the power to exempt NSFs from Code compliance to act in favour of EFI have raised some questions. In February this year, the Ministry gave itself powers to grant such exemption. Instead of using these powers ahead of the September 21 hearing, it chose to wait till November 10 to sign the notification.
It would have been appropriate if the Ministry directions to EFI were in keeping with what it had one with the Indian Golf Union in 2013. The Ministry told the IGU to have an electoral college consisting of only State Associations and treat clubs across the country as district units of State Associations. It does not augur well for any sport when people are allowed to vote in a National Sports Federation election in their respective individual capacity.
On another note, it is surprising that the Ministry has not rapped the EFI on its knuckles for causing India to be shamed in the world sports community because four Indian citizens turned for the Nepal team in the World Cup tent pegging qualifiers in Greater Noida in March this year.
Back in 2014, the Ministry had threated to derecognise EFI for sending a lame horse to the Asian Games. But now despite the International Tent Pegging Federation banning four Indian riders for impersonating Nepal athletes, the Ministry has not acted on the National Sports Federation tarnishing India’s name in the world of sport.
