States High court

Punjab and Haryana HC Stays Wrestling Federation of India Election

The Punjab & Haryana High Court has recently stayed the scheduled Wrestling Federation Of India (WFI) Election, originally planned for August 12.

The stay order was passed by a single bench of Justice Vinod S. Bhardwaj.

“Considering the parties’ contentions that they hold a crucial right to cast votes in the upcoming elections for the Executive Committee of the Wrestling Federation of India, slated for August 12, 2023, the said election is hereby stayed until the next hearing,” the bench stated.

The single bench was hearing a plea filed by the Haryana Wrestling Association (HWA), challenging the July 25 decision made by the Returning Officer of the Wrestling Federation of India.

The Officer’s order dismissed HWA’s objection to exclude representatives nominated by the Haryana Amateur Wrestling Association (HAWA) from the Electoral College of WFI for the 2023 Election. The Officer’s rationale was that HAWA is validly affiliated with the Haryana Olympic Association.

Counsel for the petitioner, Advocate Ravinder Malik, challenged the aforementioned order by the Returning Officer. He argued that the certificate provided by Haryana Olympic Association, upon which HAWA relies, was verified by the treasurer. Malik asserted that granting membership to any sports body should be a decision made by the General Body, not the Treasurer’s responsibility to issue an affiliation certificate.

The crux of the matter revolves around eligibility to cast votes in Wrestling Federation of India elections. To qualify, a Sports Association must be affiliated with the State Olympic Association. According to Malik, HAWA falls short of this criterion and therefore lacks the competence to participate in the ongoing election process.

During the August 7 hearing, Haryana Olympic Association declared that Haryana Amateur Wrestling Association was not affiliated with it. Consequently, the Court deemed HAWA “prima facie not eligible to cast its vote in the elections of the Wrestling Federation of India scheduled later in the year, as per the Constitution of the Wrestling Federation of India.”

Counsel for HAWA brought up an amendment proposal by Haryana Olympic Association, suggesting that membership be open to State Sports Associations affiliated with National Sports Federation. WFI countered by revealing that their General Council Meeting in 2022 led to the petitioner-Association’s name change to “Haryana Amateur Wrestling Association,” a change approved by the General Council. The debate also involved whether a sports association affiliated with a National Federation could seek membership with Haryana Olympic Association.

In response, the Court observed, “Since the Haryana Olympic Association has taken a specific stand that respondent No.5 (HAWA) is not affiliated/recognized by the Haryana Olympic Association and considering the constitution of Wrestling Federation of India, which mandates State Sport Association recognition by State Olympic Association for voting eligibility in the Executive Committee, a reply from the Haryana Olympic Association becomes pivotal to determine whether respondent No.5- Haryana Amateur Wrestling Association should be considered equivalent to Haryana Wrestling Association.”

The matter is scheduled for further consideration on August 28, 2023.

 

Nunnem Gangte

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