The Delhi High Court has refused to interfere in the Indian Golf Union’s (IGU) elections scheduled for December 15 and allowed Justice (retd) Rameshwar Singh Malik to function as the Returning Officer.
The HC order could see the announcement of election of incumbent Brijinder Singh as IGU president on December 15 as Justice (retd) Malik has issued a notice on Tuesday that all the office-bearers will be elected unopposed due to just one contender for each post.
But the matter may not end there as the HC has given liberty to the petitioner — the Bengal Golf Association — to challenge the election after the results are declared.
Justice (retd) Malik was the third RO appointed to conduct the controversial IGU polls, after two earlier appointees resigned.
Bengal Golf Association had challenged the appointment of Justice (retd) Malik as the RO for the polls but the Delhi HC refrained from passing any order in this regard.
“… I am of the view that it is inappropriate at this stage to interfere with the election process … any controversy can be raised in challenge to the election results, rather than during the process,” the HC single judge bench of Justice Prateek Jalan said.
“The writ petition, along with the pending applications, is disposed of, reserving the rights of the petitioner or any other party to take appropriate legal remedy after the result of the election is declared,” said the order dated December 10.
The High Court held that the petitioner or any other party will have the right to challenge the election.
“… the rights of the petitioner, or any other party, to challenge the election, inter-alia, on the ground that it was wrongly excluded from the electoral college, will remain reserved.
“All rights and contentions of the parties in this regard are left open for adjudication in accordance with law at the appropriate stage.
“It is made clear that this Court has not expressed any comment on the merits of the objections articulated by the petitioner, which would be considered in accordance with law at the appropriate stage.” As per the election schedule, nominations were to be finalised by December 5, with the final list of contestants, after scrutiny and withdrawals, to be confirmed by December 10.
Justice (retd) Malik was the third RO for the December 15 elections, after Justice (retd) OP Garg and Justice (retd) Permod Kohli.
After Kohli’s appointment as the RO, IOA president PT Usha had raised concerns over a potential conflict of interest, given that he is the current chairperson of the IOA’s Arbitration Commission.
Kohli later stepped down, leading to Singh appointing Malik.
Satish Kumar and Sanjeev Rattan were the lone candidates for the posts of secretary and treasurer respectively.
Nine other individuals were also listed as Governing Council members.Â
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