The Madras High Court has vacated its earlier interim order, which had restrained the office-bearers of the Chennai Football Association (CFA) from discharging its duties.
Dismissing an original application, which sought to declare the election, held on August 31, 2014 for the Association as null and void, Justice R. Mahadevan directed the applicant to take steps for the constitution of the Arbitrary Tribunal under the Arbitration and Conciliation Act, 1966 for an appropriate remedy as per the bylaw of the Association.
“Considering the fact that in the absence of an ad hoc committee to run the Association the activities of the Association would be paralysed, the interim order already granted is vacated and the original application is dismissed,” the judge said.
Applicant P. Subramani, who was elected as treasurer of CFA on March 2, 2014, moved the High Court after the Association conducted a fresh election on August 31 the same year, contending that some of the elected office-bearers had withdrawn their nomination after the results were declared and candidates with second highest votes were declared elected.
Contending that the elections held by the Association on August 31, 2014 were illegal, since the bylaws of the CFA gave provisions for conducting a fresh election if in case there was a tie in the elections, the applicant moved the High Court.
Hearing his application, the High Court granted an interim injunction, restraining the office-bearers of the Association elected in August last year from functioning as its members. While so, the respondents filed a counter and also an application to vacate the interim order. After hearing both sides, the judge allowed the respondents’ application, which questioned the maintainability of the application by the applicant contending that he had not initiated any arbitrary proceedings as per the bylaw of the Association and further observed that he had challenged the election after having participated and lost.
Applicant directed
to Tribunal
Pointing out that no averment has been made by the applicant to initiate arbitration proceedings, the judge directed the applicant to approach the Arbitrary Tribunal for the dispute as per the bylaw of the Association.
