BFI Elections: Delhi HC Stays Federation Circular on State Units

BFI Elections: Delhi HC Stays Federation Circular on State Units

11 days ago | 5 Views

New Delhi: On Wednesday, the Delhi High Court permitted the Delhi Amateur Boxing Association (DABA) to take part in the forthcoming elections of the Boxing Federation of India (BFI) by suspending the federation's circular that restricted participation to only elected members of state units, effective until August 18.

On March 7, a circular issued by BFI president Ajay Singh stipulated that only elected representatives could participate in the elections scheduled for March 28. The returning officer (RO), former Delhi High Court judge RK Gauba, accepted the final electoral college list prepared by the BFI president on March 13, dismissing the list submitted by former secretary general Hemanta Kumar Kalita. Gauba deemed the nominations from DABA, specifically those of Rohit Jainendra Jain and Neeraj Kant Bhat, as invalid.

In his final list dated March 12, Singh indicated that DABA's involvement would be contingent upon the RO's approval. He also disqualified former sports minister Anurag Thakur from the Himachal Pradesh state association, citing his ineligibility due to a breach of the BFI constitution and the National Sports Code.

Addressing DABA's request, Justice Mini Pushkarna's bench concluded that excluding DABA from the elections would result in unfairness. 

“The court believes that the petitioners have established a prima facie case in their favor, and not allowing them to participate in the election process would lead to prejudice... The enforcement of the circular dated March 7 is stayed until the next hearing,” the ruling stated.

However, the court did not postpone the elections.

The court stated, "It is made clear that the election process will proceed under the direction of respondent 1, namely BFI, independent of the implications of the notice dated March 7, and the results will be announced accordingly by respondent 1, which will be contingent upon the outcome of the current writ petition."

During the proceedings, the court also issued a notice regarding DABA’s petition aimed at nullifying the March 7 circular, indicating that the issue "required consideration," and scheduled the next hearing for August 18.

In its petition, presented by senior advocate Abhijat Bal alongside advocate Vidushpat Singhania, DABA contended that the March 7 circular was issued in bad faith, was arbitrary, and violated the Sports Code. It allowed the formation of an electoral college that included both elected and authorized members of state units, and was enacted without any "consultative process." Bal urged the court to allow his clients to participate in the elections, claiming that Singh had imposed restrictive conditions through the circular solely to eliminate competition and secure his own victory.

On the other hand, BFI, represented by senior advocate Dayanan Krishnan, argued that the circular was established in accordance with an office note from the union sports ministry in 2020, which stipulated that only elected members of the executive bodies of state or union territory associations were eligible to vote in the elections of the National Sports Federations (NSFs).

Conversely, the union sports ministry, represented by standing counsel Premtosh Kumar Mishra, argued that the circular contradicted the "tone" and "tenor" of the Sports Code's mandate, the Model Election Guidelines (MEG) outlined therein, as well as the constitution of BFI. Mishra further asserted that a flawed electoral roll would invalidate the election, and the office note could not be considered a definitive stance since there had been no official communication.

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