NE LEGAL BUREAU
CHENNAI, MARCH 14
The Madras High Court has directed the authorities concerned to conduct elections to the Volleyball Federation of India on March 15 as scheduled but restrained from declaring the results.
The Division Bench of Justice Vineet Kothari and Justice R Sureshkumar was on Friday hearing an appeal against the order of single judge dated March 11 staying the entire election process.
The bench said, “The conduct of elections on March 15 of the apex body known as Volleyball Federation of India is permitted to be held, however the results of the poll may not be declared.”
The court said however, the results of the elections conducted on March 12 and the one on March 15 may be produced before the court in sealed covers on the next date of hearing by the respective returning officers.
The matter relates to the scheduled elections for the Volleyball Federation of India on March 15 as announced by the president of the federation.
A single judge had on March 11 granted interim stay on the petition filed by the Goa Volleyball Association seeking to restrain the federation from proceeding with the election and the present appeal from the same against the order of the single judge.
In the appeal filed against the order of the single judge by the Tamil Nadu State Volleyball Association, it was submitted that the elections for the federation is overdue and therefore on various representations made by numerous state associations the Ministry of Youth Affairs and Sports sent a communication on January 31 to conduct the elections on or before April 10.
Therefore, the president of the federation set in motion the electoral process declaring the schedule by appointing Justice R A Singh, retired Judge of Allahabad High Court as Returning officer, for conducting elections on March 15 by following the procedure as per the Constitution of the federation.
While so Thankasivan, counsel for the appellant, submitted that the order of Single Judge staying the elections is opposed to the law well settled by the Supreme Court of India holding that if the election process has already commenced, no order should be passed in the manner obstructing or protracting the election proceedings.
The counsel further submitted that election sought to be held on March 15 by the retired judge of the Allahabad High Court as Returning officer is on the basis of the orders passed by the president of the federation invoking his powers under Article XI(3) and Article VII(b) which stipulate that the RO should be nominated by the president.
The nominated RO has completed the entire process and also published the final list of qualified candidates and therefore the Single Judge ought not to have passed the order of staying the elections.
The counsel further submitted that the elections sought to be held on March 12 by the Secretary General is completely invalid and ex-facie void and illegal in view of the fact that much after the commencement of the election process with ulterior motives commenced the parallel election process.
The action of the Secretary General has been done only to create confusion among the member-associations of the federation and the Single Judge has failed to consider such facts and granted the stay order.
Unless the order of the single judge dated March 11 is stayed and the elections scheduled to be conducted on March 15 is allowed to go on the sport of volleyball would suffer irreparable loss and grave injustice to thousands of volleyball players, students who are dedicating their life to the sport, the bench said.
