Delhi HC stays IOA’s ad hoc body for boxing
The court, hearing a BFI plea, took note of its February 24 ruling that quashed IOA’s ad hoc body to run the Bihar Olympic body
New Delhi: The Delhi high court on Monday stayed the Indian Olympic Association’s (IOA) order constituting an ad hoc committee to run the Boxing Federation of India (BFI).
The IOA had on February 24 announced the ad hoc panel citing “administrative instability” in the federation with Jharkhand Olympic Association general secretary Madhukant Pathak as its head. This came seven months after the Indian boxers returned without a medal at the Paris Olympics, following a poor build up that led to the controversial exit of foreign coach Bernard Dunne.
A bench of justice Sachin Datta stayed the order taking note of its February 24 ruling to set aside the ad hoc committee constituted by IOA president PT Usha to manage the Bihar Olympic Association (BOA). In its ruling, the court had held that the IOA president didn’t have the power to unilaterally take over the affairs of a state association and the power to set up an ad hoc body was with its general assembly. However, on the same day, Usha had set up an ad hoc panel for BFI.
The court also issued notice in BFI’s plea seeking to quash the order and fixed March 27 as the next date of hearing.
“Issue notice. Let a reply be filed within a period of two weeks. In the meantime, in view of the aforesaid submissions (by BFI’s counsel) and taking into account the decision of this court in (BOA v IOA), the operation of the impugned order shall remain stayed,” the court said in its order.
BFI’s plea, argued by senior advocate Anurag Ahluwalia along with advocate Raghav Bhatia, was that the order was issued by Usha unilaterally without prior notice, in violation of the principles of natural justice and beyond her jurisdiction. It said the order was in contravention of the procedure set out under the Memorandum and Rules and Regulations of IOA and IOA’s president did not hold the power to unilaterally appoint a commission or a committee. Some members of IOA’s Executive Committee had instead expressed shock and concern since it was passed without their statutory backing, it added.
“BFI is an independent and autonomous body governed by its own Constitution, rules and regulation. The decision taken by the President IOA is beyond her jurisdiction and ultra vires of the powers conferred under the IOA Constitution,” the plea added.
BFI had further argued that the sudden interference in its functioning was likely to cause confusion and instability at a time when the federation was in the process of conducting its elections, and a negative perception within the international sporting community.
“The abrupt intervention in the affairs of BFI could result in India facing adverse action from World Boxing and other international sports bodies. The unwarranted appointment of an ad hoc committee jeopardises the autonomy of NSFs and sets a dangerous precedent for future interference in the governance of other sports federations,” the plea maintained.