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New Delhi - The Delhi High Court on Monday directed the Archery Association of India (AAI) to follow the government’s National Sports Development Code for its elections scheduled for September 29.
If the code is followed, AAI president V.K. Malhotra, who has been in office for more than 37 years, cannot contest because he is well above the age limit of 70 set by the government.
Under the code, the president, secretary and treasurer of any recognised national sports federation, including the IOA, shall cease to hold the post on attaining the age of 70 years, but Malhotra is above 80 years. The code has also set a maximum term of 12 years for office bearers.
But the court also asked the AAI to follow its own rules and by-laws, according to which Malhotra can seek another term.
A division bench of Acting Chief Justice A.K. Sikri and Justice Rajiv Sahai Endlaw said: “Elections of the AAI this year must be conducted as per the sports code of Union Sports Ministry and also to follow their own rules and bylaws.”
“Government must de-recognise the sports body (AAI) if it does not follow the sports code,” the bench added while fixing the matter for October 15.
The court’s directions came on a plea filed by advocate Rahul Mehra who sought fresh elections of the office bearers of the AAI and compliance with the National Sports Development Code of India, 2011.
Mehra, during the hearing expressed concern saying that some office bearer like Malhotra, who is also the acting president of Indian Olympic Association (IOA) after Kalmadi has gone on an unspecified sabbatical may flout the sports code to get re-election for the upcoming AAI election.
“If elections of AAI are held anytime soon, Malhotra is likely to not only loose his post as president of AAI which he has nurtured for the last 37 years but will also have to relinquish the office of acting president of IOA as only a member of the electoral college of IOA can eventually represent it as its president or acting president,” Mehra told the court.
Mehra argued that the only plausible reason as to why AAI headed by Malhotra “will be ineligible to contest the next elections is that the next elections of AAI as stipulated of the sports code, since he is above the age of 70 years as its president.”
Mehra also demanded court to appoint returning officer for determining the clean election and for “conducting free, fair and democratic elections of office bearers of AAI in compliance with sports code”.
The court also asked AAI to appoint retired high court judge, Justice S.K. Mahajan as returning officer and also to look into the aspect whether the election needs to be video recorded.
Mehra in his plea has asked court to direct government of India to ensure that elections of AAI are held in adherence of the “Model Election Guidelines” and other provisions of the government sports code.
