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Setback for BTC as High Court refuses interim order

  December 4 , 2017
   

The Bangalore Turf Club suffered a setback on Monday when the High Court took up the Writ Petition of the club and the others against the non-issue of license by the government to conduct racing activities since September 1. Justice Bopanna who is hearing the matter said that it was not possible to pass an interim order at this point in time. However, he was very sympathetic to the racing fraternity and suggested to the government to form a separate committee to oversee racing for the next few months till the writ petition is disposed of. This in effect means that BTC will have to step aside and allow a government formed a committee to run racing if the government accedes to the suggestion of the Judge.

Following allegations of racing being manipulated by doping and betting mafia and financial irregularities on the part of BTC by the then Chairman, the government had ordered a detailed CID enquiry into all the allegations. The CID has reportedly completed its findings and is due to submit its report. The government has in the meanwhile refused to give license to the club to conduct racing activities citing the ongoing enquiry at the club.

The government had sought 50 memberships for its nominees, but the Special General Body Meeting of the club rejected the proposal on November 15. The government, however, had clarified that licensing was not linked to membership. The membership issue has been a burning one with the club itself inviting the problem by requesting the government permission to broad base membership in 2014 and going back on its promise. Even as late as last month, the club sought permission for increase membership by 50 and then voted against it thereby inviting the wrath of the government. The club was on weak moral grounds because of the allegations and infighting among members of the committee and their supporters, thus weakening the institution. The members cared very little for racing and were prepared to sabotage the sport for the sake of their ego and politics.

The government had flatly denied the license for the club on various counts. The Advocate General made a submission on Monday that the club had not applied for the conduct of license in the prescribed format and then within a day of applying for the license, they had filed a writ petition which was liable to be dismissed. He aggressively defended the government stand and said that the license cannot be granted to BTC under the circumstances. The Bangalore Turf Club`s Senior Counsel Naganand made a spirited defence of the club and said that since there was already a considerable representation of government nominees in the committee of the club, the existing system should continue. The advocates for the Karnataka Trainers Association and the Stable Employees pleaded that there were more interested in the conduct of racing as their livelihood depended on racing and they were not interested as to who ran the show. It was suggested by these counsels that the government could appoint a special committee to run racing in the intervening period possibly with a retired Judge to chair the proceedings.

Justice Bopanna expressed his inability to pass interim orders on the matter and suggested that the government consider appointing a committee to run racing to ensure that the activity did not come to a standstill. He suggested to the advocate general to get back with the views of the government by the time the writ petition comes up for hearing on Tuesday, December 12.

The order by the Judge read as follows: ``Having heard the learned Senior Counsel for the petitioners and also the learned Advocate General at some length and since a further consideration herein would be required, what is also necessary to be kept in view at this point is the interest of all stakeholders and in that view, it is necessary to explore the possibility of having an interim arrangement during the pendency of this petition.

``In that light keeping in view that the racing season would be for a limited period, the possibility of holding the horse race during the current season on the supervision of a Committee to be appointed specially for this purpose, is also a possibility which is required to be looked into.

``In that view learned Advocate General to secure instructions on this aspect so that pending further consideration, an interim arrangement could be worked out in this regard.

``To enable the learned Advocate General to impress upon the Government on this aspect and to report back to this Court, list in a preliminary hearing on 12.12.2017.

``A copy of this order be made available to the learned Government Advocate.``

The ball is now in the court of the government. The government has never been hostile to racing and it is highly likely that the suggestion of the Judge could be considered positively. The BTC, of course, will be the big loser as its members would lose their clout. The development has been welcomed by the large sections of racegoers who are excited about the development and hope that efforts would be made to start racing as early as possible.

BTC Chairman Harimohan Naidu said that the suggestion by the Court was good as far as racing was concerned. ``Racing circles were highly concerned by the stoppage of activities. There is some ray of hope that racing will commence before long. We have to see how the modalities would be worked out; whether the BTC will run the operations with the government mandated committee overseeing the operations.``

Asked whether the club would make another attempt at broad-basing membership, he said that once a resolution has been moved and defeated, the same cannot be moved for one year. ``I am not sure, but this is what I have been told,`` he added. However, those who are familiar with the Articles of the Association don`t see any such limitation.

 
 
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Total Comments : 5
Posted by Sagar on ( December 4 , 2017 )
Great news. It is a boost for racing and boot for members. Racing is surely bound to thrive without the perverted members causing all the damage by their interference.
 
Posted by Santosh on ( December 4 , 2017 )
The BTC members who fought for retaining their power of membership by refusing to expand the numbers will now be regretting as they will be out of power if racing were to be run by an empowered committee. The members would become ordinary punters. They deserve the downfall.
 
Posted by Sanjay on ( December 4 , 2017 )
The four people who earn their bread and butter from racing who did not vote for racing in the special general body should be hanging their head in shame for not having supported the sport. Shame on them. They are the two trainers, one vet and another an agent of the racehorse owner now in exile. All hypocrites.
 
Posted by n shivakumar on ( December 4 , 2017 )
really good suggestion from high court, if government accept for
this with time for 6 months its good for racing and dependent on racing., may appoint one administrative officer , may be senior IAS GRADE,[MAY BE DIVISIONAL COMMISSIONER,,] run show..
 
Posted by Kiran on ( December 4 , 2017 )
I am not sure if BTC members were aligned with the government to destroy racing. The club members reportedly interfered with the preparation of the rejoinder and diluted the para pertaining to doping issue just to sabotage the club`s chances. Everyone knows who the people calling the shots. Half of the committee owes its allegiance to an ex-trainer who has become all too powerful having become a member. The other troubleshooters are too well known to merit mention of their names. One of the members of the club has resigned from the legal team in protest stating that political considerations had become paramount than the survival of racing.
 
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