The Delhi High Court recently comprising of a bench of Chief Justice DN Patel and Justice Jyoti Singh stayed the election of Delhi Capital Badminton Association after taking note of the alleged irregularities and allegations of fraud. (SP Singh Dhillon v. Delhi Capital Badminton Association & Ors)
Facts of the case
The bench issued notice on the Letter patent appeal (LPA) filed by SP Singh Dhillon challenging the single judge bench order dated September 8, 2021 which issued directions for conducting the said elections. The Court had also asked the Returning Officer to fix a date of the election on or before 30th September.
The impugned order was challenged on the grounds that despite there being severe admitted illegalities and frauds in the affiliation of 11 district units, the single judge gave a nod to the elections.
The plea reads, "Once the fraud and manipulation were detected, it was incumbent upon the Ld. Single Judge to call for further a report to ascertain full facts before going ahead with the elections."
It further added, "The Court Appointed Returning Officer, who is a former judge of this Hon'ble Court while complying with orders of this Hon'ble Court has unraveled and discovered serious frauds and uncondonable illegalities in a grant of affiliation to the district units – and since the affiliation itself is in question, the Ld. Single Judge committed a grave error in passing an order for holding elections and re-affirming the same vide order dated 08.09.2021."
Contention of the Parties
The counsel appearing for the appellant submitted that the District Associations were registered after May 2013 however they were granted affiliation on 15 March 2013 which clearly showed a clear manipulation and fraud.
It was also submitted that Delhi Capital Badminton Association had given affiliations to District Units on 15th March 2013 and thus, all the eleven district badminton were bogus.
Courts Observation and Judgment
The Court after hearing the submissions issued notice on the petition and posted the matter for further hearing.
Justice Pratibha M Singh vide the impugned order dated September 8, had said that the ultimate aim of the said exercise is to ensure that the elections are conducted in a smooth manner.
The Court said, "Be that as it may, considering the overall nature of this matter, the ultimate aim is to ensure that the DCBA election is conducted smoothly with all the constituents of the DCBA having been given an opportunity to participate in the said elections."
The Court had directed that the Returning Officer would be free to give directions to the 11 district units of the DCBA and that the Association will ensure that any irregularities or deficiencies are removed in such the District Units on an urgent basis.
The Court had clarified that the election will be held strictly in terms of the previous order dated 31st May, 2021 passed by the Court wherein outsiders were excluded to participate in the elections of the DCBA, thereby permitting only the members being nominated by the various district members associations to participate.
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