- (1.) HEARD learned counsel for the parties.
(2.) MR Manoj Sharma, learned counsel for respondents, submits that disputes involved in the present matter are referable to the arbitrator, hence, jurisdiction under Article 226 of the Constitution of India may not be exercised by this court. Learned counsel for the parties were asked to name the arbitrator so that whole issue, as raised herein, may be referred and decided including holding of free and fair election. Learned counsel for respondents has filed an application submitting that Mr Vijay Panjwani, Advocate, Supreme Court of India and who is a panel arbitrator and Chairman of the Appellate Committee of the respondent No.3 may be appointed as arbitrator in this case. Learned counsel for the petitioners submits that in view of the provisions of the Arbitration and Conciliation Act, 1996, the arbitrator should be an independent person, thus a retired Judge of the High Court may be appointed as the arbitrator. The petitioners will bear the expenses of the arbitrator, which may be made reasonable. Learned counsel for respondents submits that respondents have no objection if the matter is referred to the arbitrator because the Federation is there to advance the cause of the games and does not want to create any hindrance therein. It is further submitted that they are not in a position to bear costs of the arbitrator to be appointed by the court, however, Federation will cooperate for early disposal of the matter by the arbitrator.
(3.) IN the light of the submissions made, I appoint Hon'ble Mr Justice VS Dave, Retired Judge of this court as arbitrator subject to his acceptance of arbitration. In view of appointment of the arbitrator by this court and as agreed by the parties, election proceedings would be held by the arbitrator after deciding the dispute. If, for assistance, the arbitrator requires additional hands, he would be free to engage independent person(s) and costs thereof would be borne by the petitioners herein. In view of the aforesaid, election conducted earlier will have no bearing, rather after passing of the order today, elections would now be held under the supervision of the arbitrator appointed by the court. ;