Delhi HC issues notice to AITA on Somdev’s plea, refuses to stay elections

While refusing to stay the election at this stage, the judge also directed that the result of the polls, which are scheduled to be held on September 28, shall not be published.

CHENNAI, TAMIL NADU, 01/01/2017: India's Somdev Devvarman during a practice session at the Aircel Chennai Open Tennis Tournament 2017 in Chennai on January 01, 2017. Photo: R. Ragu | Photo Credit: RAGU R/The Hindu

The Delhi High Court on Tuesday issued notice to the All India Tennis Association (AITA) on a petition by former India tennis player Somdev Devvarman and doubles player Purav Raja challenging the holding of its election later this month over alleged violation of the Sports Code.

Justice Purushaindra Kumar Kaurav while declining to stay the election at this stage ordered that the result of the polls, which are scheduled to be held on September 28, shall not be made public till further order of the court.

The court further cautioned that if the election is subsequently found to violate the Sports Code, it will not allow the elected office bearers to function and that an independent entity could be appointed in their place.

“If the election process is conducted in defiance of the subsisting directions, the office bearers will be restrained from functioning. Then we will consider appointing someone as the ad hoc (body)...,” the court said.

The court also issued notice to the Centre and said the election would be subject to the outcome of the plea. It has posted the plea for further hearing on October 14.

The plea filed through advocates R. Arunadhri Iyer and Jhanvi Dubey claimed that amongst the 18 patent violations, the most significant violation is the lack of any seats for athletes in the Central Council/ General Assembly of the AITA.

READ MORE | Somdev Devvarman, Purav Raja take AITA to court; allege Sports Code violations

It said there was a “lack of reservation of seats for athletes in the Executive Committee and lack of any mechanism whereby athletes are elected from the Central Council / General Assembly to the Executive Committee”.

The plea claimed that AITA has a “historical record” of having no respect or regard for the laws of the land, including the Sports Code and various orders of the court.

“The Constitution of the AITA, which was in force since 31.8.2000, remained unamended after the passing of the Sports Code,” the plea said.

It claimed that the Constitution of AITA does not provide for any representation of eminent sportspersons of outstanding merit in the Central Council / General Assembly or the Executive Committee, despite the requirement to provide a minimum of 25 per cent for sportspersons of outstanding merit.

The plea apart from seeking direction to ensure that AITA elections are held strictly and in compliance with the National Sports Code has also sought for appointment of a retired judge as an Administrator of the AITA to run the affairs.