W.P.(C)--195/2010. Case: RAHUL MEHRA Vs. UNION OF INDIA AND ORS.. High Court of Delhi (India)

Case NumberW.P.(C)--195/2010
CitationNA
Judgement DateAugust 10, 2017
CourtHigh Court of Delhi (India)

* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Decided on 10.08.2017

+ WP (C) No. 195/2010

RAHUL MEHRA ..... Petitioner Through: Mr. Rahul Mehra, petitioner in person.

Versus

UNION OF INDIA AND ORS. .....Respondents Through: Mr. Sushil Dutt Salwan with Mr.

Aditya Garg and Ms. Himani Kaushik, Advs. R-6.

Mr. Hemant Phalpher, Adv. for R-4.

Mr. Anil Soni, CGSC for UOI.

Mr. Premtosh Mishra with Ms. Yojna Goyal Ms. Saloni Agarwal, Advs. for R-8.

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI

NAJMI WAZIRI, J

CM No. 10461/2017

  1. The applicant seeks inter alia appointment of an Administrator/ Returning officer for compliance of this Court’s order dated 15.12.2016, well as stay of the notice dated 02.03.2017 of the Archery Association India (AAI) calling for an emergency meeting of the General Council 15.03.2017 and in the alternative, to stay the outcome of such meeting held, till the Court appoints an Administrator/Returning Officer to

    elections of the AAI in accordance with this Court’s order 15.12.2016.

  2. On 15.12.2016, this Court passed the following orders:

    “CM No.5982/2012 in WP(C) 195/2010 ( Disposed off application)

    Issue notice. Mr. Anil Soni accepts notice for respondent nos. 1 & 2. Issue notice to respondent nos. 3 to 13, returnable on 20.01.2017.

    The petitioner urges that the elections to All India Football Federation are prima facie in conflict with the directions this Court and relies upon the previous orders dated 11.04.2012, 25.04.2012, 13.09.2012, 17.09.2012 18.12.2012. The last order i.e. order dated 18.12.2012 was respect of elections to the All India Football Federation. Court had suspended the election proceedings and in the other order, the Court had directed that elections to the National Sports Federations/Indian Olympic Association (IOA), as case may be, ought to be conducted not only as per applicable rules of the institution concerned, but also consonance with the National Sports Code of the Govt. of India the elections guidelines contained therein – both with respect conduct as well as eligibility conditions including age, tenure and restrictions. In the circumstances, prima facie we are the opinion that the elections scheduled for 21.12.2016 to All India Football Federation should be stayed. It is hereby directed. The All India Football Federation – respondent 8, which is a party in these proceedings – is hereby restrained from completing its election scheduled for 21.12.2016.

    Union of India is hereby directed to ensure that elections to the Archery Association of India (AAI)

    conducted in consonance with the constitution of the said institution, the National Sports Code and also in conformity the orders of this Court dated 17.09.2012 & 15.10.2012 in No. 5982/2012, especially paras 4 and 7 of the order dated 15.10.2012. It is also directed that complaints of States/Union Territories/Institutions for inclusion of their names in the Electoral College should also be resolved before the date of the elections. The election process shall completed not later than 31.03.2017…..”

  3. The applicant contends that although the Constitution of the strictly stipulates under clause 1 sub-clause (iv) & (vi) of Chapter XI “Meetings” that a General Council meeting can be held only after clear 30 days notice to all its members; however, the AAI hurriedly for an emergent meeting on 15.03.2017 by a notice dated 02.03.2017 the mandated notice period was not complied with. The applicant refers Chapter XIII of the said Constitution which reads as under:

    “No amendments shall be made to the Rules and Regulations of AAI except at the Annual General Meeting of the General Council and by a two-third vote of all the members present. All proposed amendments must be presented to the Honorary Secretary General in writing at least 15 days before the date of the Annual General Meeting of the General Council and forwarded by him to all members of AAI in due course.”

  4. The applicant also refers to the letter dated 10.03.2017 from President of the Archery Association of Assam in which he objected to holding of the so-called emergent General Council meeting. A letter

    11.03.2017 from the General Secretary of the Pondicherry Association expressed its anguish and concern regarding the unexplained disaffiliation of the Pondicherry Archery Association, which had otherwise been member for more than 17 years. The applicant contends that Clause Chapter II titled “Qualification of Membership and Fee” has been because it provides for restoration of the privileges and membership of defaulting member state upon the latter paying the late fee and arrears other dues etc. along with 20% surcharge amount towards penalty. applicant also refers to the representation dated 13th March, 2017 of B.V.P. Rao, Vice President of Archery Association of Assam whereby opposed the proposed exercise to amend the Constitution of the AAI emergency General Council Meeting as the AAI stands derecognised by Government of India and comprises of persons who have exhausted elected mandate and tenure.

  5. The applicant contends that the elections should be held as per Constitution of the AAI and the stipulations of the National Sports especially regarding age and tenure restrictions. Such a newly constituted body should immediately form a committee to ensure amendment of Constitution within a stipulated time period in order to adopt principles good governance and best international practices prescribed in the Sports Code.

  6. Opposing the application and refuting the applicant’s contentions, respondent/AAI (Association) contends that its exercise of amending Constitution and bye-laws is only to bring it in conformity with National Sports Development Code of India – 2011, in compliance of

    Court’s order dated 15.12.2016. The amendment was proposed much in time, so that the elections of its new executive body are concluded 31.03.2017. The Association submits that its process of bringing Constitution in conformity with the National Spots Development Code India – 2011 began soon after the meeting of its Executive Committee September, 2016. The amendment was considered all the more imperative in view of the conditions imposed by the Government that the Constitution must first be...

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