Lack of legal clarity after HC order forces election officer to put poll “in abeyance”
Principal Correspondent
THE much-awaited election of Vidarbha Hockey Association (VHA), scheduled on Sunday, has been “kept in abeyance” by the election officer Shreegopal Soni after the Nagpur bench of Bombay High Court ruled against inclusion of 51 life members in voters’ list.
Due to lack of clarity over the legal process following the HC order, Soni decided to keep the election process in abeyance. The decision was conveyed to both Hockey Lovers and Hockey Promoters Panel on Saturday evening.
Immediately after Soni’s announcement, members of Hockey Lovers and Hockey Promoters Panel started blaming each other for the ‘mess’. A mild commotion took place amongst the members who were immediately pacified by those present.
VHA life member and treasurer Shyam Sharma had moved Court on November 18 demanding removal of 51 new life members from the voters’ list for the election scheduled on November 27. VHA, in mid-October, had included 51 new members following Deputy Charity Commissioner’s order passed in May 2015.
Sharma was against inclusion of new members and even had sought explanation from secretary DS Karunashankar for delay in submitting the order. The order was presented to the VHA executive 16 months after it was passed. Sharma then approached High Court requesting to set aside the Deputy Charity Commissioner’s order as it was presented before the executive committee just a few days before the elections were declared.
The Nagpur Bench of Bombay High Court passed an order on Friday setting aside the Deputy Charity Commissioner’s order of granting membership and voting rights to 51 new members.
High Court order stated, “Since the elections are scheduled on 27.11.12016 and since we prima facie find that the Deputy Charity Commissioner, Nagpur did not have the jurisdiction to direct the petitioner to permit 51 members to attend the meeting and to vote in the election, the impugned order is stayed, till the returnable date.”
On Saturday, citing very less time to study the High Court’s order and making necessary changes in the election process, election officer Soni decided to keep the election in abeyance.
Soni displayed a letter on the notice board of the association stating: 1. “Hon’ble High Court of Bombay, Nagpur bench has passed an order dated 25th November, 2016 in WP No 6544 of 2016. The said copy has been handed over to me by TN Sidhra on 25th Nov 2016 at 07:15 pm.
2. “That, it is necessary for me to take legal opinion in the matter before proceeding further in the matter. This shall take some time and involve substantial expenditure.
3. “That, incidentally Vidarbha Hockey Association, in spite of my written request letter dated 1st November, 2016 has not released any fund for conducting elections. That, in view of the above, further election process is being kept in abeyance.”
Soni said, “it is now upto the VHA executive committee to take decision and release funds if they want me to take any further steps in the election process.”
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Will call emergent EC meeting soon: Sarda
VIDARBHA Hockey Association (VHA) president Radheshyam Sarda said he would call an emergent meeting as soon as he receives the notice from Election Officer Shreegopal Soni.
The election officer handed over the notice to VHA joint secretary Pramod Jain immediately after handing over the abeyance notice to the members of Hockey Lovers and Hockey Promoters Panel.
“I have not yet seen the letter. Once I get it, I will decide on when to call an emergent meeting,” said Sarda.
“I have requested treasurer Shyam Sharma on several occasions to sign the cheque so that funds could be released for election process but he didn’t,” said Sarda.
SARDA HAS NO POWER TO CALL MEETING: SIDHRA
HOCKEY Promoters Panel’s founder president Triloki Nath Sidhra said VHA president Radheshyam Sarda has no power now to call emergent meeting as the election process is under way.
“He has no power to call an emergent meeting. Even if he calls one, we will not participate in it as he is no more the president of the association. The election process is under way. How can he (Sarda) call a meeting now,” asked Sidhra.
“During the last meeting of executive body I had asked Sarda to release Rs 70-80,000 for election purpose but he didn’t listen. Now he has no power to call the meeting,” claimed Sidhra.
He also questioned the election officer’s decision to put the elections in abeyance. “High Court order states that the membership and voting rights of 51 members were stayed. Nowhere it is ordered to postpone or put the elections in abeyance. Soni should have removed those 51 members’ names and moved ahead with the elections,” Sidhra stated.
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