The IOA amended its constitution on December 8 by barring charge-framed persons like Abhey Singh Chautala and Lalit Bhanot from elections set for February 9, but the sticking point has been the provision to refer the matter to its internal Ethics Commission. (Agencies)
The IOC had on Friday issued guidelines to avoid "unnecessary speculation or doubtful interpretation", making it clear that charge-framed persons will have to resign automatically or else be suspended provisionally.
The world body had also made a veiled threat that it reserves the right to impose necessary sanctions if the IOA does not ratify the interpretations suggested by the IOC.
In another letter today, the IOC made it clear that it will not lift India's suspension until the IOA ensures absolute clarity in the charge-framed clause by ratifying the interpretations suggested by the world body.
"Upon receipt of confirmation of the IOC's interpretation and of the minutes of the next General Meeting, which will ratify the above interpretation of these clauses, the IOC will be in a position to confirm its formal approval of this Constitution," the IOC said in a letter written by its NOC Relations Director Pere Miro to IOA officials.
The IOC's latest communication could mean that the IOA will have to ratify the world body's interpretations of the charge-framed clause before the proposed February 9 elections if India's suspension has to be lifted.
The IOA may now have to ratify the interpretations of the IOC before the elections if it wants India's ban to be lifted.
The IOC re-iterated that the recent amendments were only given conditional approval.
"Following the IOC letter sent earlier today, this is to confirm that, in accordance with the Olympic Charter (Rule 3.2), the IOC has conditionally approved the revised Constitution of the suspended IOA, as amended by the Extraordinary General Meeting of 8 December 2013," said the letter.
"However, this approval is subject to ratification by the next IOA General Meeting of the interpretation of Articles V (ii) (c); XI (1) (g) (iv); and XXIII (v) made by the IOC."
The IOC also made it clear that the IOA's internal Ethics Commission will not have authority to clear or re-instate any charge-framed persons as long as they face charges in a court of law.
"The member concerned must resign immediately (and, if not, will be provisionally suspended) and will not be eligible to run for election. This mechanism must be implemented automatically and will be valid for as long as the charges are framed by the Court, as mentioned in this clause. The fact that 'the case will then be referred to the IOA Ethics Commission for further guidance' (i) does not call into question the automatic mechanism mentioned before; "(ii) does not give any authority to the IOA Ethics Commission to recommend to clear or reinstate a member if such member is still faced with charges framed by the Court, as mentioned in this clause. The IOA Ethics Commission might recommend further sanctions against the member concerned; however it cannot reduce, soften or dilute the automatic sanctions mentioned in this clause for as long as the charges are framed by the Court," the letter said.
Suspended on December 5 last for government interference in its functioning and for allowing corruption-tainted persons to contest elections, the IOA top brass had remained adamant taking the stand that Indian law allow charge-sheeted persons from even contesting Parliamentary polls.
But a de-recognition threat by the IOC issued on November 15 and reports of a planned ad-hoc committee led to the IOA top brass finally understanding the futility of taking on the world body.
The IOA amended its constitution on December 8 by barring charge-framed persons like Abhey Singh Chautala and Lalit Bhanot from elections set for February 9, but the sticking point has been the provision to refer the matter to its internal Ethics Commission.