By Rahul Banerji
A day after he barred five state golf associations from the Indian Golf Union election on December 15, returning officer Justice O.P. Garg revoked the action.
On Monday, Justice Garg suspended the Himachal Pradesh Proam Golf Association, Arunachal Pradesh Golf Association, Madhya Prant Golf Association, Nagaland Golf Association and Sikkim State Golf Association from participating in the poll process citing a lack of response to his queries and associated documentation.
Wednesday, however, saw the retired Allahabad High court justice said in response to representations made by the five SGAs he was revoking his previous order as it had been made ex parte “based on the information supplied by the IGU and the documents placed before me”.
The original order was issued on the basis of a complaint lodged before Justice Garg by IGU council member Shyam Sundar and the fresh order came after the RO met representatives of the five SGAs.
Reproduced below is the an essentially unchanged version of the order issued on Wednesday.
“On 25th November an order was passed by me debarring Himachal Pradesh Proam Golf Association, Arunachal Pradesh Golf Association, Madhya Pradesh Golf Association, Nagaland Golf Association and Sikkim State Golf Association, from taking part in IGU elections … on various grounds contained in the said order.
“Now the above Associations have made representations challenging the said order primarily on the ground that it is vitiated as no opportunity of hearing was given to them and that no notice said to have been issued was received.
Plea
“It is further pleaded that the membership of the SGAs could not be terminated in the manner it has been done.
“The above named SGAs are represented today in the meeting by Lt. Gen. Bhavnish Kumar, Brig. Atul Rajput, Col. Gaurav Verma and Sunil Shetty, Hony. Secretary of IGU.
“They have also placed before me and filed the necessary documents in respect of the above five SGAs indicating that all requirements are fulfilled by these SGAs; they have taken part in the last elections held in 2022; and their IGU membership can only be terminated by the competent authority (i.e., IGU Council) after due enquiry.
“I brought the above facts to the notice of Brijender Singh, President and the Director General of IGU as well as Shyam Sunder, erstwhile Councillor, who made the complaint against the debarred SGAs.
“There is no doubt about the fact that order dated 25th November came into existence without hearing the five alleged offending SGAs on whose behalf it is maintained that no intimation of hearing was received by them and that two days’ time to reply was too short.
“Having heard all concerned in the matter I am of the firm view that due opportunity of hearing was denied to the affected SGAs, The ex parte order was based on the information supplied by the IGU and the documents placed before me.
Relevant documents
“Now that the Hony. Secretary IGU is before me and has placed the relevant documents, I am inclined to revisit my order dated 25th November. He has supported the case of the five SGAs. on whose behalf all the relevant documents have been placed before me.
“I find that all the above five SGAs have complied with the requirements as contained in the bylaws governing IGU. If there has been miscommunication or default on the part of either of the parties, it would not entail in debarring of the five SGAs.
“The relevant details are contained in the letter submitted by Hony. Secretary, IGU. He has also gone through the various required documents submitted by the five SGAs and urged that they are in order.
“The abovementioned five SGAs undoubtedly had taken part in the last election of IGU. Admittedly thereafter, no action whatsoever was taken by IGU for the alleged defaults.
“The procedure prescribed for expelling or terminating the membership of the SGAs as adumbrated in the bylaws was admittedly not adopted.
“My considered opinion after hearing the representatives of the five SGAs and the Hony. Secretary IGU, is that the ex-parte order passed by me is liable to be ignored. The five SGAs named above are entitled to take part in the forthcoming elections. Their names shall appear in the list of Electoral College.
“The Director General, IGU, is directed to include all the above five SGAs in the electoral college and their names shall appear in the list of valid SGAs on website to be issued on 28th November of the election scheduled.
Justice O.P Garg, Returning Officer for IGU elections, 2024
Also read: Indian Golf Union elections to be held on December 15
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