The Delhi High Court has appointed one of its retired judges as Returning Officer (RO) to supervise and control the elections of the Delhi Capital Badminton Association (DCBA).Justice Prathiba M Singh appointed Justice (Retd.) Brijesh Sethi as the RO and said that the DCBA elections “shall be held strictly under the supervision, control and directions of the RO”.
“The RO shall be paid a lump sum of Rs five lakhs at this stage by the DCBA for the purpose of conducting the election. Upon the conduct of the elections, the new body, as approved by the RO, shall take over and ensure the smooth functioning of the day to day activities of the DCBA,” it said.
The court took the decision as it was of the opinion that the DCBA elections ought to be held after its constitution was strictly amended in accordance with the procedure prescribed by the Badminton Association of India (BAI).
The court noted that BAI had called upon the DCBA to carry out certain amendments in its constitution and directed that the same be done in accordance with the directions of BAI.
“For the said purpose, a meeting shall be called by the Secretary, BAI under whose supervision the amendment of the constitution of the DCBA shall be carried out. The amended constitution shall then be sent for approval to the BAI.
“Upon the BAI perusing the amended constitution and approving the same, the DCBA can go ahead and conduct the elections for the executive committee. There are a total of 30 posts in the executive committee of the DCBA. The elections shall be held for all the posts, strictly in accordance with the amended constitution,” the court directed.
It further said that presently, all the DCBA meetings shall be held under the supervision of Secretary General of BAI.
The directions of the court came while disposing of DCBA’s plea challenging the continuing in office by some of its executive committee members.
Regarding the elections, the court also said that it would be held according to the terms of the amended management clause which was introduced in the DCBA rules in August 2015.
“The RO would, therefore, conduct elections for all the posts of the Management, as reflected in the minutes of the meeting dated August 1, 2015.
“The RO shall ensure that while accepting the nomination of any candidates the applicable guidelines given by the Ministry of Sports, National Sport Federation and its constituent body are strictly adhered to,” the court said.
It further directed that no member who joined DCBA after May 1, 2019 would be entitled to vote in the election.