The Delhi High Court in the case Padmaja Garikipati v. Union of India And Anr observed and has stayed the election of the office bearers and the executive committee members of the Gymnastics Federation of India, GFI.
The bench headed by Justice Purushaindra Kumar Kaurav in the case observed that the Federation was in non-compliance of the mandate of an order passed last year on August 16 wherein the division bench in its order stated that the Indian Olympic Association and National Sports Federation have to necessarily comply with the mandate as it has been stated under the National Sports Development Code of India, 2011.
The court observed in the plea moved by one Padmaja Garikipati and has stated that unless the respondents satisfy that they are in full compliance of the Sports Code and the directions dated August 16, 2022 and they cannot be allowed to conduct any fresh election contrary to the said binding orders.
The court in the case stated that unless the matter is fully being heard, there being the serious doubt about compliance of the mandate of the Sports Code and the directions passed by the division bench.
The court in the case observed and has directed that there shall be the stay of the impugned order dated July 07, 2022 with regards to the election of the office bearers and the members of the executive committee of respondent no. 2-GFI.
It being the case of the petitioner that the poll a and result of the elections will take place on September 29 and that if that is being done, the same would be in violation of the direction of the court.
The bench headed by Justice Kaurav in the case observed and has noted that there was a dispute between the parties with respect to not only compliance of the division bench’s directions but also about applicability of those direction to the GFI.
The court stated that this court has to adjudicate whether all the directions passed by this court are applicable to respondent no.2-GFI. Thus, the second issue requires to be adjudicated is whether the respondent no.2-GFI is at all in compliance with the mandate under the Sports Code in addition to the directions passed by the Division Bench.
Accordingly, the court listed the matter for further consideration on October 21, 2023.
The counsel, Senior Advocate Mr. R. Bala Subramanian, with CGSC Ajay Digpaul and Advocate Kamal Digpaul, Advocate Swati Kwatra, Advocate Vinayak Sharma and Advocate Ishita Pathak appeared for Union of India.
The counsel, Advocate Hrishikesh Baruah, Advocate Pranit Pranav, Advocate Parth Goswami and Advocate Akshay Kumar represented the Gymnastics Federation of India.
