CHENNAI: “Two factions, largely represented by the (IOA) president and the general secretary, are at odds with each other.” – Mentioned in Delhi High Court’s order on Friday. It’s that bad. There’s acrimony between opposing members and mud-slinging. The annual general meeting on Sunday might not bring the two warring factions together. If the Executive Council meeting is conducted as per plan it can be a volatile affair. That the court has asked for police protection and the entire meeting would be videographed showed what could be anticipated at the meeting.
The special bench of Justices Manmohan and Najmi Waziri on Friday directed the IOA to go ahead with the AGM and amend the constitution as per the provisions of the Sports Code. The petitioner, sports lawyer Rahul Mehra, had been pointing out that the IOA constitution is in violation of the sports code and that the constitution must be aligned with the Sports Code, International Olympic Committee Charter and the law of the land.
The court has directed the IOA to amend the constitution: “They (the two factions) need to put aside their differences in the larger national interest if the IOA wishes to facilitate the participation of Indian sportspersons at sporting events organised by or under the International Olympic Committee (IOC). As the first step in this regard, it would be prudent that the IOA constitution is brought in consonance with the NSC and be modelled on the IOC Charter and law of the land…” Both the parties told the court that they are not averse to amending the constitution. The court has asked them to submit the proceedings of the AGM on December 23, the next hearing.
Mehra said the IOA should be discussing only the amendment of the constitution during the AGM and nothing else. “The IOA must consider all the 12-13 points that I have listed in my application to court that are in violation of the sports code,” he said.
Sunday, however, may not be as smooth. Secretary-general Rajeev Mehta camp is expected to oppose is the Executive Council meeting before the AGM. They are calling it illegal which could be a contempt of court too. The meeting was called last week and IOA president Narinder Batra camp feels they are well within their rights to hold it because the court did not object to it. Interestingly, there was a request in Court to stall the EC meeting too. The Mehta camp feels it could be a contempt of court if the meeting takes place as the court has asked IOA to conduct the AGM under the supervision of Rajiv Sahai Endlaw, former judge of Delhi High Court. The administrator would also finalise the list of members who can attend the meeting and who cannot.
There are two lists in circulation, one signed by both president and the secretary, and the other by the secretary. There are a few names in the secretary’s list that seems objectionable to the Batra faction. Among them are two associate members, the Indian Golf Union and the other Equestrian Federation of India, who do not have the voting rights as decided by the General Body.
Another issue that would seem to bother IOA members are the provisions mentioned in Mehra’s application under para 8.
However, both parties agreed on certain points -- the modification/removal of the restrictive clause, the role of State units in the IOA, 25 per cent representation of sportspersons in ECs, to name a few. It needs to be seen if the IOA would consider pruning the size of EC or adhere to the age limit of 70 years for its EC members as well. Mehra is of the opinion that the IOA must consider and amend according to all the provisions he had mentioned in his application to the court. With all parties on the same page, the AGM to amend the constitution is expected to be smooth.