SC dismisses plea to hold special general meeting of Jharkhand Olympic Association

The Supreme Court on Friday dismissed the Jharkhand Olympic Association’s (JoA) plea seeking permission to hold a special general meeting and asked it to wait for the Delhi High Court’s decision on the issue.

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A vacation bench of Justice DY Chandrachud and Justice Bela M Trivedi said, “We are not inclined to entertain the special leave petition under Article 136 of the Constitution.” Accordingly, the special leave petition is dismissed.

During the hearing, senior advocate Rahul Mehra, who was present in the caveat, argued that the Delhi High Court division bench has given him an opportunity and said that he needs to look after his home in the larger interest of the game.

The High Court has said that it is giving one last chance to resolve these matters, otherwise we will take the matter into our own hands and decide one way or the other. He was given a chance.

When there was an apprehension of some law and order situation, Justice Rajiv Sahai Endlaw, a retired judge of the Delhi High Court, was appointed administrator for that particular meeting. He said that all kinds of things happened in that meeting and there was no resolution, they could not make their home.

Mehra, assisted by advocate Anuj Tyagi, said the High Court division bench heard the matter twice a week for nearly four months, after which the judgment was reserved on April 12.

We are all waiting for the verdict and these petitions are coming now.

The bench then told senior advocate R Basant, appearing for the Jharkhand Olympic Association, that it would not entertain the plea.

Basant tried to persuade the bench by saying that long before the judgment was reserved, this application was filed and the only prayer in this application is that there is a need to hold a special general meeting.

There is a need to take some important work in hand. Without the resolution of the association, these assignments cannot be undertaken. He said that the issue raised in the PIL has nothing to do with these matters.

The bench said, OK. Mr Basant. We don’t want this whole process to be chaotic. The High Court has reserved the decision. The judge will pronounce the verdict after the holiday. We do not want Jharkhand Olympic Association to interfere. Let the High Court settle this matter forever.

The high court had on April 12 reserved its verdict on a petition filed by senior advocate and sports activist Rahul Mehra in 2010, seeking adoption of a constitution by the Indian Olympic Association in line with the national one. Play To conduct elections to the Code (NSC) and Executive Committees as per model guidelines and constitution.

In his petition, Mehra has submitted to the Indian Olympic Associations (IOA) and NSFs to strictly align the Articles of its Constitution/Association with the NSC and the laws of the country, in particular, as stated in the judgments and orders has gone. of the High Court and the Supreme Court; Whereas the IOA additionally has to abide by the IOC charter in letter and spirit.

Mehra has claimed “gross inaction” by the Center with regard to the alleged mismanagement of 41 National Sports Federations (NSFs) and IOA.

On November 6 last year, the High Court had asked the Center to show that the 41 NSFs recognized in October were complying with the requirements of the National Sports Development Code of India, 2011.

It had directed the ministry to show that each of the 41 NSFs that were recognized have complied with every requirement of the Sports Code as these bodies are funded by public money.

Mehra had also argued that none of the NSFs that have been recognized have followed the Sports Code.

The High Court had said that the Supreme Court has held on several occasions that the NSF cannot be recognized which is not following the Sports Code.

Mehra, in his petition, has argued that the decision to recognize 41 NSFs is contrary to the National Sports Development Code of India, 2011 (Sports Code), and is “issued in a wholly arbitrary manner”.

The Supreme Court’s September 17, 2020 order came on the ministry’s appeal against the February 7, 2020 order of the High Court in Mehra’s 2010 petition, which had directed that before taking any decision in this regard, the government and This may be intimated by IOA in advance. Any NSF

Subsequently, in October 2020, the ministry recognized 41 NSFs, “including those who were denied recognition by 31st December, 2019 for violations of the Sports Code, and those who were also infringing on 31st July, 2020”. Huh. stated in the petition.

The petition claims that the ministry has spent about Rs 14,391.49 crore on sports activities from 2009-10 to 2018-19, and about Rs 1,237.56 crore has been disbursed directly to NSFs, including from 2009-10 to 2019-20. Including IOA. There is a statutory understanding that they will abide by the sports code.

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