Madhya
Pradesh Triathlon Association Vs. Indian Triathlon Federation & Ors [1996]
INSC 1425 (8 November
1996)
K. Ramaswamy,
G.B. Pattanaik
ACT:
HEAD NOTE:
WITH TRANSFER
PETITION (C) NO s. 384-396 OF 1996
O R D
E R
It is
rather unfortunate and we feel that every Indian citizen would feel ashamed of
the fact that not even on sports-person out of the huge population of 94 crores
would find a place in the victory stand in the Olympic Games 1996 held at Atlanta. Instead, all these Associations
are busy in the court proceedings and spending their spirit on the litigation
instead of inculcating spirit of sports in the track and field. These cases are
some instances of the deplorable state of affairs. But, it is heartening to
note that all of them have agreed for the settlement of the disputes in terms
of Rule XIX of the Indian Olympic Association Rules which reads as under:
"Settlement
of Disputes/Conflicts in the National Sports Federations/State Olympic
Associations (i) All National sports federations/ Associations/State Olympic
Associations affiliated to I.O.A. shall include in their Constitution a
provision that the Federations/ Associations would have all unresolved disputes
settled by the I.O.A., and their Members shall voluntarily surrender their right
of seeking redress in any Court or Law.
(ii)
Every Member shall be deemed to continue its membership of the I.O.A. on the
specific condition that it voluntarily surrenders its right of seeking redress
in any Court of Law.
(iii)
All unresolved disputes arising within the National Sports Fedrations/Associations/State Olympic Association affiliated to the IOA, shall be referred by the
Federations/Associations to the IOA for settlement by the IOA. For this
purpose, the IOA Executive Council, on recommendation of the president IOA,
shall recommend 9 names to the disputing parties, to select one name,
consultation with the president IOA, which is acceptable to both the parties.
The Arbitration proceedings shall be completed within the period specified by
the IOA Executive Council. President IOA, based on the circumstances of the
case, has the authority to extend, or vary, the period.
(IV)
In the even of an unresolved dispute within an affiliated Unit of IOA by
Member, and which affects normal working to the Unit, or prevents preparation
and training of the sport/team under the charge of the Unit for purposes of
international representation/ Competition, the IOA Executive Council will
constitute an ad-hoc body from within the Members of the General Assembly, as may
be necessary until the dispute within the Unit is resolved.
(v)
All disputes between National Sports Federations/Associations and the IOA, or
within the IOA itself, will be dealt with in the same manner as laid down in
(iii) above.
In the
furtherance thereof the Annual General Body meeting of IOA held on November 29, 1995 decided as under:
"Dispute
in Federations/Olympic Associations Regarding the disputes in Indian Triathlon
Federation, Uttar Pradesh Olympic Association and J & K Olympic Association
Dr. B. Sivanthi Adityan stated that he would appoint a tow or three member
Committee which will be requested to submit its report before the next
Executive Council meeting of the IOA.
Decision:
The
President, IOA, is to constitute a two or three member committee to look into
all aspects or disputes and submit its recommendations for the consideration of
the Executive Council IOA.
In the
light of the above decision, we direct the President of IOA to flow the
procedure prescribed in Rule XIX referred to hereinbefore, in particular
clauses (i), (ii) and (iii) and appoint and Arbitration Board in terms thereof.
The
Transfer Petitions are accordingly disposed or. All the suits are transferred
to the Arbitration Board. No costs.
In
view of the order passed by us on 4.11.1996, Shri Ranjit Kumar, learned counsel
has appeared for all the respondents though he states that he did not receive
any instruction from any one of them. He acted merely on directions of this
Court.
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