The Delhi High Court today set aside the order of its single judge bench staying the election to Yachting Association of India (YAI), saying that any "legal challenge" to the poll process must await conclusion of the election.
"We are inclined to accept the contention urged on behalf of the appellant (YAI) that the election process having commenced, the same ought not to have been interdicted and any challenge to the election could be pursued only after the elections are over," a bench of Acting Chief Justice B D Ahmed and Justice Vibhu Bakhru said.
It noted that the courts would normally pass orders only to assist completion of the elections and not to interdict the same.
The bench said, "Accordingly, the directions contained in the impugned order restraining the opening of the ballot boxes and counting of the votes are set aside. The appellant (YAI) would be at liberty to complete the election process and declare the results."
The YAI had challenged the single judge order by which the process for election of its council members was stayed and it had also directed that "the ballot box be preserved without opening the same or processing the ballots".
The court did not deal with pleas of Boardsailing Association of India (BAI) and others, who are challenging the election process of YAI, and said, "The law in regard to interference by courts with an election process is now well settled.
"Once an election process has commenced it must be concluded expeditiously as per its schedule and any legal challenge to the election must await the conclusion of the election. The courts would normally pass orders only to assist completion of the elections and not to interdict the same."
Earlier, BAI had moved the high court alleging that the YAI was not following the National Sports Code and has been resorting to postal ballot method of election.
The single judge then stayed the election process and YAI moved approached a larger bench against the order.
