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Sports


Delhi High Court places Indian Olympic Association Under CoA

Delhi High Court places Indian Olympic Association Under CoA

New Delhi, Aug 16 (UNI) The Delhi High Court on Tuesday appointed a three-member Committee of Administrators (COA) to take over the affairs of the Indian Olympic Association (IOA).
The court ordered the Executive Committee of IOA to forthwith hand over the charge to the CoA led by former Supreme Court judge Justice Anil R. Dave, former Chief Election Commissioner Dr. S.Y. Quraishi, and former Secretary of Ministry of External Affairs Vikas Swarup.
"The CoA would be at liberty to make all appropriate arrangements for the governance of IOA until fresh elections are held in terms of a constitution conforming to the Sports Code," the Delhi High Court said.
A division bench comprising of Justice Najmi Waziri and Justice Manmohan concluded that if a sports federation does not comply with the law of the land, it will receive no recognition from the Government. All benefits and facilities to it will stop promptly.
"It is better that a legitimate body represents the cause of sportspersons than one simply masquerading as the real champion of Indian sports. Fairness and legitimacy needs to imbue all public affairs. Recalcitrant entities which defy adherence to rules of the game, while continuing to unjustly enjoy government‟s largesse and patronage, must be called-out," the court said.
"The history of persistent recalcitrance of the IOA for almost half a century to comply with the Sports Code, despite its consistent assurance to the Government, the societal concerns and the larger public good, make it imperative that the IOA‟s affairs be put in the hands of a Committee of Administrators (CoA)," it added.
"This Court is of the view that the Sports Code must be made applicable to every constituent of every NSF, including IOA as well as its constituents. Accordingly, respondent No.1/Union of India is directed not to grant recognition or any facility (monetary or otherwise) to the IOA or to any NSF and/or any of its affiliated Associations, if they refuse to comply with the Sports Code as directed by this Court.
"It is high time that structural reforms are implemented to remove the mis-management in the sports bodies and to democratize these institutions. The Central and State Governments may well consider passing a comprehensive legislation with regard to recognition and management of sports bodies incorporating the best practices and the IOC Charter without which no facility (monetary or otherwise) should be granted by any State and Union of India."
The court ordered that the persons of eminence from the fields of law, public administration, elections and international relations are appointed as members of the CoA, to be assisted by eminent sportspersons, as Consultants.
It appointed Olympic gold medallist shooter Abhinav Bindra, Long Jump Olympian Anju Bobby George and Devi Laishram (from Manipur), Archer Olympian as consultants.
The Court also struck down the post of Life President and any such permanent post for an individual in the IOA as being illegal.
"The persons who have occupied posts as Life President, Life Members and CEO or other posts in IOA or a NSF which are in contravention or otherwise not permissible under the Sports Code, will not be treated as eligible for elections to any post of office bearer or EC Member or any managerial posts in the IOA for the next immediate election tenure," it said.
It further held that the maximum term for the President and all Office Bearers and members of the Election Commission will be limited to 3 tenures.
It said that women shall comprise half of the category of sportspersons with voting rights in the General Body as well as in the EC of the IOA.
"Sports administration is not a male preserve. It is a matter of record that in all its 95 years of existence the IOA has never had a woman as its President or Secretary General. Surely women do aspire to be in significant positions in the decision making process. Their presence both in the GB, as well as the EC of the IOA, will lend to fruition of their valid aspirations. Accordingly, women shall comprise half of the category of sportspersons with voting rights in the General Body as well as in the EC," the court said.
The court said, the government monitoring of compliance is expected to be prompt, robust, and meticulous at all times and Annual compliances are mandatory for continued recognition.
"If the compliance is not done by IOA, within the time specified hereinabove, its recognition by the
Government shall stand suspended. The urgency for cooperation with the CoA and onus for compliance with the Sports Code is upon the IOA," it said.
The COA shall assist in the preparation and adoption of the constitution of IOA as per the Sports Code and court rulings and facilitate the holding of elections and the handing over of the affairs of the body to a democratically elected body in terms of its constitution which will be adopted, preferably within a period of 16 weeks from the date the CoA members give their assent," the court clarified.
The honorarium payable to the CoA members and facilities to be extended to them will be akin to what may be fixed by the Supreme Court in the case related to the All India Football Federation and for the moment, as interim honorarium, a deposit of Rs 3 lakh per month shall be made with each CoA member and the Consultant Sportspersons will, for the moment, be paid Rs. 1.5 lacs each, the court said.
UNI BAV

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