The Maharashtra Government has sent shock waves among the members of the Royal Western India Turf Club by its recent order which mandates that only members who are attending more than 15 per cent of the races held over a year are eligible to vote in the annual elections conducted by the club to elect members of the Managing Committee. The order, issued by the government on April 26, has raised hornet`s nest. While some have welcomed the move as a step in right direction, the majority have felt that the act of the government is undemocratic and the rights of the members cannot be taken away through a clause incorporated in the licensing condition as it violates the Companies Act.

The government order states: ``The Articles of Association of the Club Particularly Article 7 provides for the eligibility criteria under which a stand/Life Membership can be converted into a Club Membership i.e. voting member. The intention of the Article 7 is that only those who are directly interested in racing i.e. those who are regular race-goers alone be given membership and thereby voting rights. However, it has been observed over the years that the club has not followed any method to determine whether those applying for club membership are regular race goers and have not followed any procedure to maintain the attendance of those members intending to become club members. The RWITC has close to 2000 voting members.

``In order to rectify this situation in the interest of Horse Racing and the administration of the sport, the Government of Maharashtra, in exercise of the powers conferred under section 4 (2) (d) of The Mumbai Race Course Licensing Act 1912, direct the club as under as part of the License conditions:

(I) ``The Club shall keep a regular record of the attendance of all members including club members at the races held either in Mumbai or in Pune Racing Season including off-course racing at these places (i.e. Mumbai or Pune). The Club shall install and activate the necessary advance machineries for registration of attendance of the members/club members at Mumbai and Pune immediately. It shall ensure that the club members are actual race goers. If the percentage of attendance of such club member for a particular year is more than 15 per cent, such club members will be entitled to vote in the ensuing election for that particular year only.``

``The move by the government is ambiguous and goes against the democratic tenets. Once a membership is conferred after scrutiny by the Manging Committee of the Club, the membership becomes absolute and unconditional. Restricting voting rights to only those who attend 15 per cent of races will deprive the genuinely interested racing enthusiasts from exercising their voting rights. Quite a few of the members of the club are race horse breeders who attend races on important racing days like the Derby and other such events. They have an abiding interest in the conduct of racing and are genuine followers of the sport apart from their passion for the game. How can such members be restricted from voting because the government feels that only those who attend races for a certain number of race days are capable of ensuing that the club runs efficiently by conferring voting rights only to them?`` asked a senior breeder from North India. Is the government trying to say that only those who participate in the activity of betting will be permitted to vote? There is an ambiguity in the order as it can disqualify the majority from voting because the order has included even off course betting race days. Since the club conducts about 300 days of racing including off course betting, does 15 per cent include these race days as well? The club conducts about 70 days of live racing and whether the percentage to be taken is 15 percent of this figure or the total number of days there is racing activity in the club in the form of betting on other centres.

Legal experts believe that the government`s order is questionable and can be challenged in the courts as it suffers from arbitrariness and non-application of mind.

Former Chairman of RWITC Vivek Jain said that the government`s directive to link voting rights to attendance of club members is flawed both in merit and legality. ``I hope to get the committee to make a representation to the chief minister, who I am sure will understand our rationale," he added. Chairman of the Club Zavaray Poonawalla believes that persuasive efforts with the government to rescind the government order could be a more reasoned approach.

The RWITC members are doing a signature campaign to give a memorandum to the government to re-consider its stand as they believe that not attending races due to various constraints despite passionate interest in the sport should not be reason for disqualification of voting rights. These people believe that reducing the number of voting membership will be detrimental to the sport as it will increase the possibility of manipulation. Different groups have come to power on different occasions. Any reduction in the number of voting members will be detrimental to the fairness of the election and detrimental to fair play in RWITC elections due to captive voting members which results if only those who attend races get the voting rights.

The belief among members who are opposed to the move is that the government has no authority to stipulate such a condition in racing license as RWITC is a company covered under the Companies Act. Any amendment of governing voting rights of members is governed by the club`s Articles of Association and it is only members of the club who can authorise any amendment to its articles which stipulates a new attendance norm. They aggressively believe that the new directive should be challenged in the court as it violates Companies Act.

It may be recalled that the Karnataka Government wanted to ban race horse owners and breeders from becoming Stewards in the late 80`s. On that occasion, they got Bangalore Turf Club members to pass an amendment to the Articles of Association to bring about this rule. The government, on its own, did not issue an order incorporating this clause in the licensing condition.