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The Delhi High court today passed an interim order staying the conduct of Election of the Delhi Capital  Badminton Association till October 22 on alleged illegalities.

The division bench of Chief Justice DN Patel and Justice Jyoti Singh passed the order on an appeal filed by S.P Dhillon who has submitted that the Association has maintained from 2013 onwards that it has granted valid affiliations to its eleven (11) district units and on that basis has obtained affiliation from  the National Sports Federation. However, subsequent developments after July 15,.2021, duly brought to the notice of the Single Judge bench of Justice Pratibha M Singh show that “affiliation having been obtained by fraud and manipulation are non est.”

The petition filed through Advocates Talha Abdul Rehman and Shaz Khan states that the  Single Judge had directed election vide order dated January 12, 2021 on the basis (presumption) that district unit as well as Delhi Capital Badminton Association are duly affiliated, and has further treated jurisdictional issues regarding existence of district units as minor deficiencies vide her order dated March 18, 2021 directing the Hon'ble Returning Officer to streamline the districts, and affirmed the same vide her order dated May 31, 2021.

This was also on the (subsequently discovered incorrect) understanding that district units were properly affiliated with the Association itself was duly affiliated.

The petitioner has also challenged the order dated September 8, 2021 on the basis that despite pointing out that there are severe admitted illegalities and frauds in the affiliation of the district units with the Association, the  Single Judge has still directed the Ld. Returning Officer to continue with the election of Delhi Capital Badminton Association.

It has been submitted that once the fraud and manipulation was detected, it was incumbent upon the Single Judge to call for further report to ascertain full facts before going ahead with the elections. The Court Appointed Returning Officer, who is a former judge of the Court while complying with orders of  the Court has unravelled and discovered serious frauds and uncondonable illegalities in grant of affiliation to the district units – and since the affiliation itself is in question, the Single Judge committed grave error in passing an order for holding elections and re-affirming the same vide order dated 08.09.2021.

It is stated that holding elections by allowing allegedly affiliated units to participate, whose affiliation is itself is fraudulent as alluded by the  Returning Officer perpetuates illegality, which is impermissible.

Senior Advocate Aryama Sundaram appeared for the petitioner.

Case Title: SP Dhillon vs Delhi Capital Badminton Association