Delhi High Court
Delhi Capital Badminton ... vs 1. Union Of India & Ors. on 12 January, 2021
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:19.01.2021
09:40:53
$~20
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 12th January, 2021
+ W.P.(C) 11247/2020 & CM APPLs. 35061-62/2020
DELHI CAPITAL BADMINTON ASSOCIATION ..... Petitioner
Through: Mr. Alok Bhachawat and Mr. Uday
Singh, Advocates. (M:9811105362)
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Anil Soni, CGSC with Mr.
Devesh Dubey, Advocate for R-1.
Mr. Sushil Dutt Salwan and Mr.
Arjun Garg, Advocates for R-2.
Mr. Talha Abdul Rahman, Ms.
Aakanksha Singh, Mohd. Shaz Khan,
Mr. Udit Atul Kokanthankar and Ms.
Aishwariya Devi, Advocates for R-4.
CORAM:
JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J. (Oral)
1. This hearing has been done by video conferencing.
2. The present petition concerns the election of the Delhi Capital
Badminton Association (hereinafter, "DCBA"), which is affiliated with the
Badminton Association of India (hereinafter, "BAI").
3. The BAI is a registered sports federation for the sport of badminton in
India, under which all the state associations function. Various disputes have
arisen between two factions within the DCBA, one consisting of the
erstwhile Secretary - Mr. S.P. Singh Dhillon and one consisting of the
present Secretary Mr. A.K. Mittal. The elections for the various posts of the
New Executive Committee of DCBA which were scheduled for December,
Digitally Signed
By:PRATHIBA M SINGH
Signing Date:18.01.2021 22:26
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:19.01.2021
09:40:53
2020 have not been held. A dispute has arisen that 10 candidates were
elected unopposed.
4. Without going into the history of the elections, wherein the candidates
were elected unopposed and the several disputes between the two warring
groups/factions in the DCBA, it is considered appropriate that the entire
process of election is now conducted in a fair and transparent manner, under
the supervision of independent persons.
5. Ld. Counsels submit that the constitution of the DCBA is yet to be
mended in accordance with the directions issued by the BAI from time to
time. Hence, this Court is of the opinion that the elections ought to be held
after the constitution of the DCBA is strictly amended in accordance with
the procedure prescribed by the BAI. The BAI has called upon the DCBA to
carry out certain amendments. Accordingly, the following directions are
passed:
a) In accordance with the directions issued by the BAI from time to
time, the constitution of the DCBA shall be amended. For the said
purpose, a meeting shall be called by the Secretary, BAI under
whose supervision the amendment of the constitution of the DCBA
shall be carried out. The amended constitution shall then be sent
for approval to the BAI.
b) Upon the BAI perusing the amended constitution and approving
the same, the DCBA can go ahead and conduct the elections for
the Executive committee.
c) There are a total of 30 posts in the Executive Committee of the
DCBA. The elections shall be held for all the posts, strictly in
accordance with amended constitution of the DCBA.
Digitally Signed
By:PRATHIBA M SINGH
Signing Date:18.01.2021 22:26
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:19.01.2021
09:40:53
6. All meetings of the DCBA shall henceforth be held under the
supervision of Mr. Ajay K. Singhania, Secretary General, BAI. For the
purpose of conducting the elections of the DCBA, Justice (Retd.) Brijesh
Sethi (M:9910384669), is appointed as the Returning Officer (hereinafter,
"RO"). The elections shall be held strictly under the supervision, control
and directions of the RO. The RO shall be paid a lumpsum of Rs.5 lakhs at
this stage by the DCBA for the purpose of conducting the election. Upon the
conduct of the elections, the new body, as approved by the RO, shall take
over and ensure the smooth functioning of the day to day activities of the
DCBA.
7. At this stage, a dispute has arisen between the Petitioner and
Respondent No.4 as to whether the elections should be held for 30 posts or
15 posts. This Court has perused the order passed by the ld. Single Judge of
this Court in W.P.(C) 5074/2018 titled S.P. Singh Dhillon v. UOI & Ors.
wherein a settlement had been arrived at between the DCBA and the Delhi
Badminton Association (hereinafter, "DBA"). Vide the MOU/Compromise
it was agreed that the DBA would dissolve itself as a registered society by
merging with the DCBA. The relevant portion of the order recording the
MOU/Compromise is extracted herein below:
"2. The petitioner is the Hony. Secretary of the Delhi
Capital Badminton Association (DCBA) was an office
bearer of the erstwhile Delhi Badminton Association
(DBA). DBA had filed the writ petition being W.P.(C)
3326/2013 captioned "Delhi Badminton Association
v. Badminton Association of India & Ors." before this
court, impugning the actions of Badminton
Association of India (BAI), in recognising only DCBA
as it is affiliate association. The said writ petition was
dismissed as withdrawn by an order dated
Digitally Signed
By:PRATHIBA M SINGH
Signing Date:18.01.2021 22:26
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:19.01.2021
09:40:53
12.08.2015, in view of the Memorandum of
Understanding /Compromise/Settlement arrived at
between the concerned parties.
3. In terms of the said Memorandum of
Understanding/Compromise/Settlement, DBA had
agreed to dissolve itself as a registered society and it
was agreed that the members of DBA would merge
with DCBA. It is relevant to note that the parties also
agreed that DCBA shall hold elections
for electing its Executive Committee to manage its
affairs and in order to give adequate representation to
the members of DBA, and also in the district units of
DCBA. One of the grievances raised by the petitioner
relates to the representation of the erstwhile executive
members of DBA in DCBA."
8. Pursuant to the MOU/Compromise, settlement was entered into
between the parties, which was recorded in W.P.(C) 3326/2013 titled Delhi
Badminton Association & Anr. v. Badminton Association of India & Ors.
on 12th August, 2015. The settlement was given effect to and the elections to
the association were to be held while ensuring adequate representation of
members of the DBA in the DCBA.
9. A perusal of the minutes of meeting dated 1st August, 2015 also shows
that the constitution of the association was amended as per Agenda No.3,
which reads as under:
"Agenda No.3
To consider the amendment of the relevant Rules of
the DCBA in order to create certain further posts so
that all the associations which are either joining or
merging may get a fair representation in DCBA
It was informed that in terms of observation of the
Hon'ble Delhi High Court as made in W.P.(C)
No.3326 of 2013 wherein it was observed that it
would be in the interest of the sport of Badminton in
Digitally Signed
By:PRATHIBA M SINGH
Signing Date:18.01.2021 22:26
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:19.01.2021
09:40:53
Delhi that there should be only one Association in
Delhi to represent the state in the BAI and hence the
two association may explore possibilities of either
merger or joining as mass or as it may come out from
discussions, the Delhi Capital Badminton Association
and the Delhi Badminton Association upon mediation
have come to an out-of-court settlement as a
consequence whereof in order to give full
representation to all the districts as also to the two
associations it is necessary to amend existing Clause
6 of the Memorandum of Association of DCBA and
Clause 20 of the Rules of DCBA in the following
manner:-
EXISTING AMENDED
6. Management 6. Management
The affairs of the The affairs of the
Association shall be Association shall be
managed by the Executive managed by the Executive
Committee consisting of Committee consisting of 30
the office bearers (13) (Thirty) elected and 3
(Thirteen) including 3 (Three) co-opted members.
(Three) co-opted members. Office Bearers of the
Office Bearers of the Association shall be as
Association shall be as under:-
President 1 Senior Vice President 5
Senior Vice President 1 Vice Presidents 9
Vice Presidents 5 Hony. Secretary 2
Hony. Secretary 1 Hony. Treasurer 1
Executive Members 5 Executive Members 7
Co-opted Members 3 Co-opted Members 3
EXISTING AMENDED
20. Management 20. Management
The affairs of the The affairs of the
Association shall be Association shall be
managed by the Executive managed by the Executive
Digitally Signed
By:PRATHIBA M SINGH
Signing Date:18.01.2021 22:26
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:19.01.2021
09:40:53
Committee consisting of the Committee consisting of
office bearers and not more the Office Bearers and not
than 18 (Eighteen) more than 33 (Thirty
including 3 (Three) co- Three) (including 3 (Three)
opted members. Office co-opted members).
Bearers of the Association Office Bearers of the
shall be as under:- Association shall be as
President 1 under:-
Vice Presidents 5 Senior Vice President 5
Hony. Secretary 1 Vice Presidents 9
Hony. Treasurer 1 Hony. Secretary 2
Advisor 1 Hony. Treasurer 1
Executive Members 5 Joint Secretary 3
Executive Members 7
Co-opted Members 3
The House unanimously adopted, affirmed and
approved the aforesaid amendments to amend existing
Clause 6 of the Memorandum of Association of DCBA
and Clause 20 of the Rules of DCBA."
10. In view of the above, this Court directs that the elections ought to be
held in terms of the amended `Management' clause. The RO would,
therefore, conduct elections for all the posts of the Management, as reflected
in the minutes of meeting dated 1st August, 2015. The RO shall ensure that
while accepting the nomination of any candidates the applicable guidelines
given by the Ministry of Sports, National Sport Federation and its
constituent body are strictly adhered to. The RO would be assisted by Mr.
Ajay K. Singhania, Secretary General, BAI for conducting the elections.
11. All parties agree that the electoral roll would be drawn up and
finalised by the RO as on 1st May, 2019. Any member added after 1st May,
2019 shall not be entitled to vote in this election, however, they can continue
as members. The list of persons entitled to elect shall be drawn up strictly in
Digitally Signed
By:PRATHIBA M SINGH
Signing Date:18.01.2021 22:26
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:19.01.2021
09:40:53
terms of the rules prescribed by BAI.
12. The petition is disposed of in the above terms. All pending
applications are also disposed of.
PRATHIBA M. SINGH
JUDGE
JANUARY 12, 2021/dk/T
Corrected & released on 18th January, 2021
Digitally Signed
By:PRATHIBA M SINGH
Signing Date:18.01.2021 22:26
