CHENNAI: In what could usher in changes in the Equestrian Federation of India (EFI) administration, the Delhi High Court has directed it to conduct its election under specific guidelines as early as possible.
According to the order pronounced on Tuesday, institutions and individuals will not be allowed to vote, while the court has asked EFI to permit all state and union territories voting rights. And for clubs and units, the court has formed a methodology for voting pattern to bring in "equal participation". EFI elections were last held in 2019.
It has also appointed retired high court judge Ajit Bharihoke to supervise the election process including finalising the new electoral college. Justice Tushar Rao Gedela delivered the judgment in response to a writ filed Rajasthan Equestrian Association petition against EFI in 2019.
The court is of the view that since the Asian Games is to be held in September-October this year, it is imperative that a selection committee is in place and that will be possible when an elected body takes charge of the EFI. “…A functioning Executive Committee of EFI, being an NSF, is necessary to formulate a Selection Committee for the same, which can only be formulated after the successful emergence of the governing body of EFI, duly elected by electoral college, endorsed in accordance with the Sports Code,” said the order.
Justice Gedela has directed the EFI to “permit all the State/Union Territories Associations to cast their votes (two) after fulfilling all the requisite criteria and in any case not unduly prevent them from casting votes, subject to their eligibility to be decided by the Election Officer/Returning Officer.”
As far as institutions are concerned, they will not have any voting rights. “No Institutions/Individuals would have any right to cast votes.” It needs to be seen what happens to institutions like the Quartermaster Branch and even the Services Sports Control Board.
The court has asked EFI to permit 25 per cent of the vote share to be Eminent Sports Persons. There are 36 state units and union territories, which means there are 72 votes, while for eminent sportspersons the number could be around 18-20.
For clubs and units, the court has formulated a methodology for voting. “Wherever and in whichever State/UT the State Association or UT Association is available, no Club/Unit would be permitted to cast votes. But wherever state/UT associations are not available, “all eligible Clubs/Units will cast one vote each which would be proportionately divided in Two Votes in all, by granting proportionate share to each Club/Unit and the greater percentage amongst those who vote, would be the deciding factor for the respective candidates. This measure is undertaken to ensure equal participation of the concerned stakeholders…”
The court also discussed over sports ministry’s renewal of recognition of the EFI and pointed out that despite submitting its roadmap in 2017, it is yet to implement it. The sports ministry had repeatedly asked the federation to submit a road map and comply with it. “A number of extensions, in the form of renewal of recognition of EFI had been granted by the Ministry for such purpose time and again. Despite such indulgence and “Special Treatment”, EFI has not implemented its own road map till date,” said the order. Interestingly, despite EFI not following its own road map and not aligning with the sports code, the sports ministry had given it an exemption in 2021.
In its conclusion the court said, “Despite having failed to fall in line with the Sports Code, the EFI instead of fulfilling its obligations under the Roadmap of the year 2017, changed its narrative from the year 2019 onwards and sought to dilute the rigours of the Code by portraying itself as an expensive, exclusive and club based sport which needs a separate identification and different treatment as an NSF.”
The order also said that “the relaxation is only with respect to the requirement of minimum 2/3rd States having membership of 50% District Associations in a State to be available for the purposes of constituting the State Associations only. This definitely cannot be read to mean that an open invitation was handed over to the EFI to invite the Clubs/ Units and other Institutions/Individuals from not only becoming the members directly of the EFI (NSF) but also confer upon them the voting rights contrary to the clear mandate of the Sports Code.”
The new electoral college will be interesting as more state and union territory units will claim memberships with voting rights.